UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7979
RONALD L. LEGG,
Plaintiff - Appellant,
v.
SOUTHERN HEALTH PARTNERS, Jodi Harrison,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Shiva Vafai Hodges, Magistrate Judge.
(1:12-cv-00481-MGL)
Submitted: January 17, 2013 Decided: January 23, 2013
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronald L. Legg, Appellant Pro Se. Elliott T. Halio, HALIO &
HALIO, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald L. Legg seeks to appeal the magistrate judge’s
report recommending that the district court grant Defendant
Southern Health Partners’ motion for summary judgment on his 42
U.S.C. § 1983 (2006) complaint. 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, 545-46 (1949). Because it lacks both
designation by the district court and consent of the parties, 28
U.S.C. § 636(c) (2006), a magistrate judge’s recommendation is
not a final, appealable decision. See Haney v. Addison, 175
F.3d 1217, 1219 (10th Cir. 1999). Nor is it otherwise
appealable to this court. Accordingly, we deny Legg’s motion
for transcripts at the Government’s expense 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
2