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  • Robert Frost, Jr. v. SC Dep't of Corrections, 4th Cir. (2012)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Robert Frost, Jr. regarding a district court's order. The district court order adopted a magistrate's recommendation and denied without prejudice the Defendants' motion for summary judgment in Frost's 42 U.S.C. § 1983 complaint. The Court of Appeals found it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions allowing for interlocutory appeals. The Court therefore dismissed the appeal.

    Original Description:

    Filed: 2012-12-27 Precedential Status: Non-Precedential Docket: 12-7482

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Robert Frost, Jr. regarding a district court's order. The district court order adopted a magistrate's recommendation and denied without prejudice the Defendants' motion for summary judgment in Frost's 42 U.S.C. § 1983 complaint. The Court of Appeals found it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions allowing for interlocutory appeals. The Court therefore dismissed the appeal.

    Copyright:

    Public Domain
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    15 views2 pages

    Robert Frost, Jr. v. SC Dep't of Corrections, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Robert Frost, Jr. regarding a district court's order. The district court order adopted a magistrate's recommendation and denied without prejudice the Defendants' motion for summary judgment in Frost's 42 U.S.C. § 1983 complaint. The Court of Appeals found it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions allowing for interlocutory appeals. The Court therefore dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7482

    ROBERT FROST, JR.,


    Plaintiff - Appellant,
    v.
    SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; DIRECTOR BILL
    BYARS, South Carolina Department of Corrections; LEVERN
    COHEN,
    Warden
    Ridgeland
    Correctional
    Institution;
    MS.
    MONTOUTH,
    Inmate
    Grievance
    Coordinator,
    Ridgeland
    Correctional Institution; CAPTAIN BEST, in their individual
    and official capacity,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Orangeburg.
    Joseph F. Anderson, Jr.,
    District Judge. (5:11-cv-02520-JFA-KDW)

    Submitted:

    December 20, 2012

    Decided:

    December 27, 2012

    Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Robert Frost, Jr., Appellant Pro Se.


    Matthew David Cavender,
    Marshall Hodges Waldron, Jr., GRIFFITH, SADLER & SHARP, P.A.,
    Beaufort, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert

    Frost,

    Jr.,

    seeks

    to

    appeal

    the

    district

    courts order adopting the magistrate judges recommendation and


    denying

    without

    prejudice

    the

    Defendants

    motion

    for

    summary

    judgment in Frosts 42 U.S.C. 1983 (2006) complaint.


    court

    may

    exercise

    jurisdiction

    only

    over

    final

    This

    orders,

    28

    U.S.C. 1291 (2006), and certain interlocutory and collateral


    orders, 28 U.S.C. 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
    Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).

    The

    order Frost seeks to appeal is neither a final order nor an


    appealable interlocutory or collateral order.
    dismiss the appeal for lack of jurisdiction.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    Accordingly, we
    We dispense with
    contentions
    this

    court

    are
    and

    argument would not aid the decisional process.

    DISMISSED

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