Simmons v. Berrios

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7641

SHAWN SIMMONS,

Plaintiff - Appellant,

v.

LUIS BERRIOS, MD Clinical Director FCI Bennettsville; MS JUMP, Nurse Practitioner FCI Bennettsville,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Margaret B. Seymour, District Judge. (0:09-cv-01171-MBS)

Submitted: November 19, 2009 Decided: December 4, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Shawn Simmons, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Shawn Simmons seeks to appeal the magistrate judge’s

report and recommendation to dismiss his Bivens v. Six Unknown

Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971),

action. This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and

collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.

54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541

(1949). The report and recommendation of the magistrate judge

is neither a final order nor an appealable interlocutory or

collateral order. 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 the court and argument would not aid the

decisional process.

DISMISSED