Ronald McClary v. Lieutenant Crosson

U.S. Court of Appeals for the Fourth Circuit

Ronald McClary v. Lieutenant Crosson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-7175

RONALD MCCLARY,

Plaintiff - Appellant,

v.

LIEUTENANT CROSSON; OFFICER WILLIAMS; OFFICER HICKS; OFFICER WALLS,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Robert T. Numbers, II, Magistrate Judge. (5:15-ct-03259-D)

Submitted: November 17, 2016 Decided: November 22, 2016

Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronald McClary, Appellant Pro Se. Vanessa N. Totten, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Ronald McClary seeks to appeal the magistrate judge’s order

granting the Defendants an enlargement of time to answer his

complaint or file a responsive pleading. This court may exercise

jurisdiction only over final orders,

28 U.S.C. § 1291

(2012), and

certain interlocutory and collateral orders.

28 U.S.C. § 1292

(2012); Fed. R. Civ. P. 54(b), Cohen v. Beneficial Indus. Loan

Corp.,

337 U.S. 541, 545-47

(1949). Because the magistrate judge’s

order is neither a final order nor an appealable interlocutory or

collateral order, we dismiss the appeal for lack of jurisdiction.

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before this

court and argument would not aid the decisional process.

DISMISSED

2

Reference

Status
Unpublished