Curtis Taylor, Sr. v. George Hinkle , 435 F. App'x 180 ( 2011 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-6651
    CURTIS LEON TAYLOR, SR.,
    Petitioner – Appellant,
    v.
    GEORGE M. HINKLE,
    Respondent – Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. M. Hannah Lauck, Magistrate
    Judge. (3:08-cv-00306-MHL; 3:11-cv-00286-JRS)
    Submitted:   June 3, 2011                   Decided:   June 15, 2011
    Before NIEMEYER, MOTZ, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Curtis Leon Taylor, Sr., Appellant Pro Se.   Susan Foster Barr,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
    Susan Bland Curwood, Assistant Attorney General, Richmond,
    Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Curtis Leon Taylor, Sr. seeks to appeal the magistrate
    judge’s order granting his request to treat his amended motion
    to compel as a 
    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).                         The
    order Taylor seeks to appeal is neither a final order nor an
    appealable interlocutory or collateral order.                      Accordingly, we
    deny leave to proceed in forma pauperis 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
    *
    The parties consented to the exercise of jurisdiction by
    the magistrate judge pursuant to 
    28 U.S.C. § 636
    (c) (2006).
    2
    

Document Info

Docket Number: 11-6651

Citation Numbers: 435 F. App'x 180

Judges: King, Motz, Niemeyer, Per Curiam

Filed Date: 6/15/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023