William Singletary v. Adell Dobey

Fourth Circuit

William Singletary v. Adell Dobey

500 F. App'x 223

CourtCourt of Appeals for the Fourth Circuit

DecidedDecember 18, 2012

Docket12-7299

StatusUnpublished

This text of 500 F. App'x 223 (William Singletary v. Adell Dobey) 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

William Singletary v. Adell Dobey, 500 F. App'x 223 (4th Cir. 2012).

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Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

William E. Singletary, Jr. seeks to appeal the magistrate judge’s orders denying his motion requesting waiver of sovereign immunity and his subsequent motion for reconsideration. Appellees Pica, Carter, Butts, and Cockrell have moved to dismiss the appeal as interlocutory. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and cer *224 tain 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, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Absent both designation by the district court and consent of the parties, 28 U.S.C. § 636(c) (2006), a magistrate judge lacks authority to issue dispositive orders. See 28 U.S.C. § 636(b) (2000); Colorado Bldg. & Constr. Trades Council v. B.B. Andersen Constr. Co., 879 F.2d 809, 811 (10th Cir.1989) (appellate court has no jurisdiction over magistrate’s order unless district court designates such authority to magistrate or parties consent); Gleason v. Sec’y of Health & Human Serv., 777 F.2d 1324 (8th Cir.1985); see also United States v. Bryson, 981 F.2d 720, 723-26 (4th Cir.1992) (discussing magistrate judge’s authority to rule on 28 U.S.C. § 2255 (2000) motion); United States v. Flaherty, 668 F.2d 566, 585 (1st Cir.1981) (magistrate judge authorized to make only determinations that do not constitute final judgments). Because it does not appear from the record that the parties have consented to the authority of the magistrate judge, and no other basis for immediate review exists at this time, the magistrate judge’s orders are interlocutory orders not subject to appellate review in this court. Accordingly, we grant the motion to dismiss 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:

William E. Singletary, Jr. seeks to appeal the magistrate judge’s orders denying his motion requesting waiver of sovereign immunity and his subsequent motion for reconsideration. Appellees Pica, Carter, Butts, and Cockrell have moved to dismiss the appeal as interlocutory. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and cer *224 tain 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, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Absent both designation by the district court and consent of the parties, 28 U.S.C. § 636(c) (2006), a magistrate judge lacks authority to issue dispositive orders. See 28 U.S.C. § 636(b) (2000); Colorado Bldg. & Constr. Trades Council v. B.B. Andersen Constr. Co., 879 F.2d 809, 811 (10th Cir.1989) (appellate court has no jurisdiction over magistrate’s order unless district court designates such authority to magistrate or parties consent); Gleason v. Sec’y of Health & Human Serv., 777 F.2d 1324 (8th Cir.1985); see also United States v. Bryson, 981 F.2d 720, 723-26 (4th Cir.1992) (discussing magistrate judge’s authority to rule on 28 U.S.C. § 2255 (2000) motion); United States v. Flaherty, 668 F.2d 566, 585 (1st Cir.1981) (magistrate judge authorized to make only determinations that do not constitute final judgments). Because it does not appear from the record that the parties have consented to the authority of the magistrate judge, and no other basis for immediate review exists at this time, the magistrate judge’s orders are interlocutory orders not subject to appellate review in this court. Accordingly, we grant the motion to dismiss 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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500 F. App'x 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-singletary-v-adell-dobey-ca4-2012.

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