UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6616
JAMES ROSE,
Plaintiff - Appellant,
v.
THIERRY NETTLES; ANDREW ROCKEFELLER; WILLIAM CLINE;
WELLINGTON WILLIAMS; CASPER PHIRI; SYLVESTER SANCHEZ;
ALBERT MACK; TIMMOTHY CLARK; VON MUTIUS,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. A. Marvin Quattlebaum, Jr., District Judge. (0:17-cv-02000-AMQ-PJG)
Submitted: September 13, 2018 Decided: September 18, 2018
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Rose, Appellant Pro Se. Temus C. Miles, Jr., Daniel Roy Settana, Jr., MCKAY
LAW FIRM, PA, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Rose seeks to appeal from the district court’s order accepting the
recommendation of the magistrate judge and dismissing without prejudice his complaint
against three defendants for failure to timely effect service of process. The action is
proceeding in the district court against six other defendants. 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 Rose 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
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