Hunter v. Marsee

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 30, 2002
• Docket: 02-7131
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7131

DARRYL LAMONT HUNTER,

Plaintiff - Appellant,

versus

KEVIN MARSEE, Lieutenant for Anderson County Police Department; PHILLIP WEST, Investigator for Anderson County Police Department, in their individual capacities,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry M. Herlong, Jr., District Judge. (CA-02-886-0-20BD)

Submitted: September 19, 2002 Decided: September 30, 2002

Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darryl Lamont Hunter, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Darryl Lamont Hunter appeals the district court’s order

accepting a magistrate judge’s recommendation to deny Hunter’s

motions for default judgment and to have the U.S. Marshal serve his

summons and complaint. We dismiss the appeal for lack of

jurisdiction because the order is not appealable. This court may

exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(1994), and certain interlocutory and collateral orders. 28 U.S.C.

§ 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither

a final order nor an appealable interlocutory or collateral order.

We therefore dismiss the appeal as interlocutory. 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