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  • Carl McAdoo v. United States, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Carl E. McAdoo's appeal. The district court had accepted the magistrate judge's recommendation to dismiss all defendants except Joyce Ann Nash from McAdoo's civil action. The Fourth Circuit finds that it lacks jurisdiction over the appeal because the district court's order is neither a final order nor an appealable interlocutory or collateral order under relevant statutes. The Fourth Circuit therefore dismisses the appeal for lack of jurisdiction.

    Original Description:

    Filed: 2015-12-21 Precedential Status: Non-Precedential Docket: 15-1938

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Carl E. McAdoo's appeal. The district court had accepted the magistrate judge's recommendation to dismiss all defendants except Joyce Ann Nash from McAdoo's civil action. The Fourth Circuit finds that it lacks jurisdiction over the appeal because the district court's order is neither a final order nor an appealable interlocutory or collateral order under relevant statutes. The Fourth Circuit therefore dismisses the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
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    20 views3 pages

    Carl McAdoo v. United States, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Carl E. McAdoo's appeal. The district court had accepted the magistrate judge's recommendation to dismiss all defendants except Joyce Ann Nash from McAdoo's civil action. The Fourth Circuit finds that it lacks jurisdiction over the appeal because the district court's order is neither a final order nor an appealable interlocutory or collateral order under relevant statutes. The Fourth Circuit therefore dismisses the appeal for lack of jurisdiction.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1938

    CARL E. MCADOO,
    Plaintiff Appellant,
    v.
    UNITED STATES OF AMERICA, (Department of Veterans Affairs)
    in Official and Personal Capacity, sued Jointly and
    Severally; DR. ERNEST T. AHL, JR., in Official and Personal
    Capacity, sued Jointly and Severally; DR. SONNY W. TUCKER,
    JR., in Official and Personal Capacity, sued Jointly and
    Severally;
    SANDY
    F.
    PIERCE,
    Physician
    Assistant,
    in
    Official and Personal Capacity, sued Jointly and Severally;
    RUTHERFORD
    COUNTY
    DEPARTMENT
    OF
    SOCIAL
    SERVICES,
    in
    Official and Personal Capacity, sued Jointly and Severally;
    JOHN CARROLL, in Official and Personal Capacity, sued
    Jointly and Severally; VIC MARTIN, in Official and Personal
    Capacity, sued Jointly and Severally; ANN PADGETT, in
    Official and Personal Capacity, sued Jointly and Severally;
    JOYCE ANN NASH, in Official and Personal Capacity, sued
    Jointly and Severally,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville. Max O. Cogburn, Jr.,
    District Judge. (1:14-cv-00239-MOC-DLH)

    Submitted:

    December 17, 2015

    Decided:

    December 21, 2015

    Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Carl E. McAdoo, Appellant Pro Se. Gill Paul Beck, Sr., Assistant
    United States Attorney, Asheville, North Carolina; Sean Francis
    Perrin, WOMBLE CARLYLE SANDRIDGE & RICE, PLLC, Charlotte, North
    Carolina; John E. Rogers, II, WARD LAW FIRM, PA, Spartanburg,
    South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Carl E. McAdoo seeks to appeal the district courts order
    accepting

    the

    recommendation

    dismissing

    all

    defendants

    civil action.

    of

    except

    the
    Joyce

    magistrate
    Ann

    Nash

    judge
    in

    and

    McAdoos

    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.

    545-46 (1949).

    Beneficial

    Indus.

    Loan

    Corp.,

    337

    U.S.

    541,

    The order McAdoo seeks to appeal is neither a

    final order nor an appealable interlocutory or collateral order.


    Accordingly, we dismiss the appeal for lack of jurisdiction.
    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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