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United States Court of Appeals, Fourth Circuit

The document is a court case ruling dismissing an appeal for lack of jurisdiction. It summarizes that the appellant appealed an order from district court denying motions to remove a magistrate judge, stay the case, and delay a deposition. The court ruled the order was not final or appealable and dismissed the appeal as interlocutory. The court dispensed with oral arguments as the facts and legal issues were adequately presented in the materials.

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22 views2 pages

United States Court of Appeals, Fourth Circuit

The document is a court case ruling dismissing an appeal for lack of jurisdiction. It summarizes that the appellant appealed an order from district court denying motions to remove a magistrate judge, stay the case, and delay a deposition. The court ruled the order was not final or appealable and dismissed the appeal as interlocutory. The court dispensed with oral arguments as the facts and legal issues were adequately presented in the materials.

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© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
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60 F.

3d 823
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished
dispositions is disfavored except for establishing res judicata, estoppel, or the law
of the case and requires service of copies of cited unpublished dispositions of the
Fourth Circuit.

Jimmy Lawrence NANCE, Plaintiff--Appellant,


v.
Wayne PIKE, Sheriff, County of Wythe, Virginia; Sheriff's
Department, Wythe County; County of Wythe, Virginia;
Unnamed Deputies; Mary Stallard; Tony Bolling; C.M.
Collins; James E. Scott; Robert W. Burnett; Deputy
Cralley, Defendants--Appellees.
No. 95-6677.

United States Court of Appeals, Fourth Circuit.


Submitted: June 22, 1995.
Decided: July 7, 1995.

Jimmy Lawrence Nance, appellant pro se. William Fain Rutherford, Jr.,
Elizabeth Kay Dillon, Kevin Scott Blair, Woods, Rogers & Hazlegrove,
Roanoke, VA, for appellees.
W.D.Va.
DISMISSED.
Before HALL, MURNAGHAN, and LUTTIG, Circuit Judges.
PER CURIAM:

Appellant appeals from the district court's order denying his motion to remove
the magistrate judge from his action filed pursuant to 42 U.S.C. Sec. 1983
(1988), denying his motion to stay the action to allow the district court to
examine the entire record, and denying his motion to delay his deposition. We
dismiss the appeal for lack of jurisdiction because the order is not appealable.
This court may exercise jurisdiction only over final orders, 28 U.S.C. Sec. 1291

(1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292
(1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337
U.S. 541 (1949). The order here appealed is neither a final order nor an
appealable interlocutory or collateral order.
2

We dismiss the appeal as interlocutory. 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.

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