Michael Cornelius v. Columbia, City of

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [998230371-2] in 09-2258 Originating case number: 3:08-cv-02508-MJP-PJG Copies to all parties and the district court/agency. [998455858] [09-2258, 09-2264]

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Michael Cornelius v. Columbia, City of Doc. 0 Case: 09-2258 Document: 13 Date Filed: 10/29/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2258 MICHAEL CORNELIUS, Plaintiff Appellant, v. COLUMBIA, CITY OF, South Carolina, Defendant Appellee. No. 09-2264 MICHAEL CORNELIUS, Plaintiff Appellant, v. COLUMBIA, CITY OF, Columbia, SC, Defendant Appellee. Appeals from the United States District Court for the District of South Carolina, at Columbia. Matthew J. Perry, Jr., Senior District Judge. (3:08-cv-02508-MJP-PJG; 3:06-cv-03215-MJP) Submitted: September 14, 2010 Decided: October 29, 2010 Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dockets.Justia.com Case: 09-2258 Document: 13 Date Filed: 10/29/2010 Page: 2 No. 09-2258 dismissed; No. 09-2264 affirmed by unpublished per curiam opinion. Michael Cornelius, Appellant Pro Se. William Allen Nickles, III, Carl Lewis Solomon, GERGEL, NICKLES & SOLOMON, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 Case: 09-2258 Document: 13 Date Filed: 10/29/2010 Page: 3 PER CURIAM: In these consolidated appeals, Michael Cornelius seeks to appeal the district court's September 28, 2009 order granting in part Defendant's motion to strike (No. 09-2258) and appeals the court's September 30, 2009 order adopting the recommendation of the magistrate in judge and granting civil summary judgment to age Defendant Cornelius's action alleging discrimination (No. 09-2264). 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, 54547 (1949). The September 28 order is neither a final order nor We therefore an appealable interlocutory or collateral order. dismiss the appeal in No. 09-2258 for lack of jurisdiction and deny Cornelius's pending motion for a transcript at government expense. In No. 09-2264, we have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons Cornelius v. City of Columbia, filed Sept. 29, 2009; entered stated by the district court. No. 3:06-cv-03215-MJP (D.S.C. Oct. 1, 2009). We deny the pending motion for a transcript at government expense. 3 Case: 09-2258 Document: 13 Date Filed: 10/29/2010 Page: 4 We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional would process. No. 09-2258 DISMISSED No. 09-2264 AFFIRMED 4

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