Robert Garrett, Jr. v. Aull
Robert Garrett, Jr. v. Aull
Opinion
USCA4 Appeal: 21-7030 Doc: 31 Filed: 10/17/2022 Pg: 1 of 2
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-7030
ROBERT LOUIS GARRETT, JR., a/k/a Chubby, a/k/a Chubb, a/k/a Tru, a/k/a Kweli, a/k/a Justice, Plaintiff - Appellant, v. AULL; BECKETT, JR.; T. ESTERLINE; JAMES PARRISH, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, Senior District Judge. (0:18-cv-01418-CMC)
Submitted: October 13, 2022 Decided: October 17, 2022
Before NIEMEYER and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert Louis Garrett, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 21-7030 Doc: 31 Filed: 10/17/2022 Pg: 2 of 2
PER CURIAM: Robert Louis Garrett, Jr., seeks to appeal the district court’s order (a) declining to consider Garrett’s late-filed objections to the magistrate judge’s report; and (b) denying Garrett’s postjudgment motions, which related to the court’s prior order granting summary judgment to some—but not all—of the named Defendants. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order that Garrett seeks to appeal is not a final order, given that litigation on his remaining claims against the remaining Defendants is ongoing, nor is it an appealable interlocutory or collateral order. Accordingly, we dismiss this 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
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