John Stritzinger v. Travis County, Texas

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1610

JOHN S. STRITZINGER,

Plaintiff - Appellant,

v.

TRAVIS COUNTY, TEXAS; JWS, minor; LLS, minor; HMS, minor;
KATHERINE WRIGHT, On Behalf of Minor Children LLS, JWS, HMS,

Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Columbia. Terry L. Wooten, Chief District
Judge. (3:15-cv-01938-TLW)

Submitted: November 1, 2016 Decided: November 3, 2016

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John S. Stritzinger, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

John S. Stritzinger seeks to appeal the district court’s

order adopting the magistrate judge’s report and dismissing his

civil action without prejudice. 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). Because the district

court adopted the magistrate judge’s report concluding that

Stritzinger’s complaint lacked sufficient factual allegations to

state a plausible claim pursuant to the Individuals with

Disabilities Education Act, 20 U.S.C. §§ 1400 to 1482 (2012), we

conclude that the order Stritzinger seeks to appeal is neither a

final order nor an appealable interlocutory or collateral order.

See Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-

24, 629-30 (4th Cir. 2015). Accordingly, we deny Stritzinger’s

motion to appoint counsel 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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