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    St. Mitchell v. Chisholm, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bucky J. St. Mitchell. The Court of Appeals lacks jurisdiction to hear the appeal because the district court's order denying Mitchell's motion for default judgment was not a final order or an appealable interlocutory or collateral order. As such, the Court of Appeals grants the Appellees' motion to dismiss the appeal for lack of jurisdiction.

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    St. Mitchell v. Chisholm, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bucky J. St. Mitchell. The Court of Appeals lacks jurisdiction to hear the appeal because the district court's order denying Mitchell's motion for default judgment was not a final order or an appealable interlocutory or collateral order. As such, the Court of Appeals grants the Appellees' motion to dismiss the appeal for lack of jurisdiction.

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    Filed: 2002-10-21 Precedential Status: Non-Precedential Docket: 02-7149

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bucky J. St. Mitchell. The Court of Appeals lacks jurisdiction to hear the appeal because the district court's order denying Mitchell's motion for default judgment was not a final order or an appealable interlocutory or collateral order. As such, the Court of Appeals grants the Appellees' motion to dismiss the appeal for lack of jurisdiction.

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    6 views2 pages

    St. Mitchell v. Chisholm, 4th Cir. (2002)

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    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bucky J. St. Mitchell. The Court of Appeals lacks jurisdiction to hear the appeal because the district court's order denying Mitchell's motion for default judgment was not a final order or an appealable interlocutory or collateral order. As such, the Court of Appeals grants the Appellees' motion to dismiss the appeal for lack of jurisdiction.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7149

    BUCKY J. ST. MITCHELL,


    Plaintiff - Appellant,
    versus
    RENA CHISHOLM, Nurse and Head of Medical at
    Alvin S. Glenn Detention Center; JOSEPH
    BOCHENEK; ALVIN S. GLENN DETENTION CENTER,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. David C. Norton, District Judge.
    (CA-02-1258)

    Submitted:

    September 19, 2002

    Decided:

    October 21, 2002

    Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Bucky J. St. Mitchell, Appellant Pro Se. Andrea C. Pope, BARNES,


    ALFORD, STORK & JOHNSON, Columbia, South Carolina; William Henry
    Davidson, II, Matthew Blaine Rosbrugh, DAVIDSON, MORRISON &
    LINDEMANN, P.A., Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Bucky J. St. Mitchell appeals from the district courts order
    adopting the magistrate judges recommendation to deny his motion
    for default judgment.
    over

    final

    orders,

    This court may exercise jurisdiction only


    28

    U.S.C.

    1291

    (2000),

    and

    certain

    interlocutory and collateral orders. 28 U.S.C. 1292 (2000); Fed.


    R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.
    541 (1949).

    The order St. Mitchell seeks to appeal is neither a

    final order nor an appealable interlocutory or collateral order.


    Accordingly, we grant the Appellees motion to 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 the court and argument would not aid the
    decisional process.

    DISMISSED

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