Bryant v. O'Brien

Fourth Circuit

Bryant v. O'Brien

517 F. App'x 131

CourtCourt of Appeals for the Fourth Circuit

DecidedApril 2, 2013

DocketNo. 12-8010

StatusPublished

This text of 517 F. App'x 131 (Bryant v. O'Brien) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryant v. O'Brien, 517 F. App'x 131 (4th Cir. 2013).

Pincite

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Coyt Bryant seeks to appeal the magistrate judge’s report and recommendation to dismiss his 28 U.S.C. § 2241 (2006) petition and has filed a motion for transcript at government expense. This court may exercise jurisdiction only over final orders, see 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, see 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the magistrate judge’s report and recommendation is neither a final order nor an appealable interlocutory or collateral order, we deny Bryant’s motion for transcript at government expense and 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.

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Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Coyt Bryant seeks to appeal the magistrate judge’s report and recommendation to dismiss his 28 U.S.C. § 2241 (2006) petition and has filed a motion for transcript at government expense. This court may exercise jurisdiction only over final orders, see 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, see 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the magistrate judge’s report and recommendation is neither a final order nor an appealable interlocutory or collateral order, we deny Bryant’s motion for transcript at government expense and 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.

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Bluebook (online)

517 F. App'x 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-obrien-ca4-2013.

Opinion

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