UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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