Westberry v. Riley

Filing 920070201

Opinion

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7979 STEPHEN RAY WESTBERRY, Plaintiff - Appellant, versus SAM RILEY, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. R. Bryan Harwell, District Judge. (9:06-cv-02758-RBH) Submitted: January 25, 2007 Decided: February 1, 2007 Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Stephen Ray Westberry, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Stephen Ray Westberry seeks to appeal the report and recommendation of the magistrate judge entered November 9, 2006. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Westberry seeks to appeal is not an appealable interlocutory or collateral order. jurisdiction. Accordingly, we dismiss the appeal for lack of Westberry's motion for summary judgment is also denied. 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 - 2 -

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?