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  • Jerome McFadden v. S. Lewis, 4th Cir. (2014)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Jerome McFadden's appeal for lack of jurisdiction. The order denies McFadden's motion seeking reconsideration of several nondispositive orders issued by the magistrate judge in his case against prison officials, including orders denying his motions for appointment of counsel and an extension of time for discovery. The Fourth Circuit dismisses the appeal because the order McFadden seeks to appeal is neither a final order nor an appealable interlocutory or collateral order, which are required for the court to have jurisdiction over the appeal.

    Original Description:

    Filed: 2014-11-25 Precedential Status: Non-Precedential Docket: 14-6962

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Jerome McFadden's appeal for lack of jurisdiction. The order denies McFadden's motion seeking reconsideration of several nondispositive orders issued by the magistrate judge in his case against prison officials, including orders denying his motions for appointment of counsel and an extension of time for discovery. The Fourth Circuit dismisses the appeal because the order McFadden seeks to appeal is neither a final order nor an appealable interlocutory or collateral order, which are required for the court to have jurisdiction over the appeal.

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    Public Domain
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    5 views2 pages

    Jerome McFadden v. S. Lewis, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Jerome McFadden's appeal for lack of jurisdiction. The order denies McFadden's motion seeking reconsideration of several nondispositive orders issued by the magistrate judge in his case against prison officials, including orders denying his motions for appointment of counsel and an extension of time for discovery. The Fourth Circuit dismisses the appeal because the order McFadden seeks to appeal is neither a final order nor an appealable interlocutory or collateral order, which are required for the court to have jurisdiction over the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6962

    JEROME MCFADDEN,
    Plaintiff - Appellant,
    v.
    S. B. LEWIS, Associate Warden; FRANK MURSIER, Major McCI; L.
    CARTELEDGE,
    Warden
    at
    McCI
    McCormick
    Correctional
    Institution,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill.
    Mary G. Lewis, District Judge.
    (0:12-cv-01627-MGL-PJG)

    Submitted:

    November 20, 2014

    Decided:

    November 25, 2014

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


    Circuit Judge.

    Dismissed by unpublished per curiam.

    Jerome McFadden, Appellant Pro Se.


    Brandon Paul Jones, Daniel
    Roy Settana, Jr., MCKAY, CAUTHEN, SETTANA & STUBLEY, PA,
    Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jerome McFadden seeks to appeal the district courts
    text order denying his motion seeking reconsideration of several
    nondispositive orders issued by the magistrate judge, including
    orders denying his motions for appointment of counsel and for an
    extension of time to complete discovery, and an order granting
    in

    part

    and

    denying

    in

    part

    McFaddens

    Defendants summary judgment motion.

    motion

    to

    stay

    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, 545-46 (1949).
    seeks

    to

    appeal

    is

    neither

    final

    interlocutory or collateral order.


    appeal for lack of jurisdiction.

    order

    The order McFadden


    nor

    an

    appealable

    Accordingly, we dismiss the

    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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