Melinda Scott v. Wise County Department of Social Services

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 16, 2023
• Docket: 22-1343
• Status: Unpublished

Opinion

USCA4 Appeal: 22-1343 Doc: 7 Filed: 02/16/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1343

MELINDA SCOTT,

Plaintiff - Appellant,

v.

WISE COUNTY DEPARTMENT OF SOCIAL SERVICES; JOSHUA MOON,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, Senior District Judge. (2:20-cv-00014-JPJ-PMS)

Submitted: October 28, 2022 Decided: February 16, 2023

Before NIEMEYER, RICHARDSON, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Melinda Scott, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1343 Doc: 7 Filed: 02/16/2023 Pg: 2 of 2

PER CURIAM:

Melinda Scott seeks to appeal the magistrate judge’s postjudgment order denying

Scott’s motion for order to show cause. Because the parties did not consent to the

magistrate judge’s jurisdiction, the order on appeal is not an appealable final order. See

Jaquez v. United States, 36 F.4th 725, 727 (7th Cir. 2022); Rajaratnam v. Moyer, 47 F.3d

922, 924 & n.6 (7th Cir. 1995); Colo. Bldg. & Constr. Trades Council v. B.B. Andersen

Constr. Co., 879 F.2d 809, 811 (10th Cir. 1989). Accordingly, we 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