Jerome McFadden v. S. Lewis

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6962 JEROME MCFADDEN, Plaintiff - Appellant, v. S. B. LEWIS, Associate Warden; FRANK MURSIER, Major McCI; L. CARTELEDGE, Warden at McCI McCormick Correctional Institution, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Mary G. Lewis, District Judge. (0:12-cv-01627-MGL-PJG) Submitted: November 20, 2014 Decided: November 25, 2014 Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam. Jerome McFadden, Appellant Pro Se. Brandon Paul Jones, Daniel Roy Settana, Jr., MCKAY, CAUTHEN, SETTANA & STUBLEY, PA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jerome McFadden seeks to appeal the district court’s text order denying his motion seeking reconsideration of several nondispositive orders issued by the magistrate judge, including orders denying his motions for appointment of counsel and for an extension of time to complete discovery, and an order granting in part and denying in part McFadden’s motion to stay Defendants’ summary judgment motion. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order McFadden seeks to appeal 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 this court and argument would not aid the decisional process. DISMISSED 2