Smart v. Reynolds

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6839

ROBERT DALE SMART, a/k/a Robert Smart, a/k/a Robert D. Smart,

Petitioner – Appellant,

v.

CECILIA REYNOLDS, Warden Kershaw Correctional Institution,

Respondent – Appellee.

Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., Senior District Judge. (8:08-cv-03918-GRA-BHH)

Submitted: September 29, 2009 Decided: October 7, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Dale Smart, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Alphonso Simon, Jr., SOUTH CAROLINA ATTORNEY GENERAL’S OFFICE, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Robert Dale Smart seeks to appeal the district court’s

order affirming the magistrate judge’s order denying Smart’s

motion to compel discovery. 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 order Smart seeks to

appeal is neither a final order nor an appealable interlocutory

or collateral order. Accordingly, we deny Smart’s motions for

default judgment 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 the court and argument would not aid the decisional

process.

DISMISSED