Bakha Yawuti El v. City of Myrtle Beach

U.S. Court of Appeals for the Fourth Circuit

Bakha Yawuti El v. City of Myrtle Beach

Opinion

USCA4 Appeal: 23-2003 Doc: 6 Filed: 02/02/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-2003

BAKHA YAWUTI EL,

Plaintiff - Appellant,

v.

CITY OF MYRTLE BEACH; CITY OF MYRTLE BEACH POLICE DEPARTMENT; DAVID GIOSA; L. BOYLES; AMY SUTTER, City of Myrtle Beach Municipal Court Clerk; JOI PAGE, City of Myrtle Beach Assistant City Attorney; BRENDA BETHUNE, City of Myrtle Beach Mayor; JENNIFER PETERS-WILSON, City of Myrtle Beach Municipal Court Judge; JOHN SCOTT LONG, City of Myrtle Beach Municipal Court Judge; M. WINNERS, City of Myrtle Beach Police Officer; STATE OF SOUTH CAROLINA,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. David C. Norton, District Judge. (4:22-cv-00997-DCN-MHC)

Submitted: January 30, 2024 Decided: February 2, 2024

Before KING, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bakha Yawuti El, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-2003 Doc: 6 Filed: 02/02/2024 Pg: 2 of 2

PER CURIAM:

Bakha Yawuti El seeks to appeal the district court’s order affirming the magistrate

judge’s order identifying numerous pleading deficiencies in Yawuti El’s pro se complaint,

directing Yawuti El to correct the identified deficiencies and bring his case in proper form

for service of process, and warning Yawuti El that his failure to comply with the order

would result in the magistrate judge recommending that the district court dismiss Yawuti

El’s action with prejudice and without leave for further amendment. 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 Yawuti El seeks to appeal is neither a final

order nor an appealable interlocutory or collateral order. Accordingly, 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Unpublished