Robert Smart v. Cecilia Reynolds

Filing 920091007

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6839

ROBERT Smart,

DALE

SMART,

a/k/a

Robert

Smart,

a/k/a

Robert

D.

Petitioner ­ Appellant, v. CECILIA REYNOLDS, Warden Kershaw Correctional Institution, Respondent ­ Appellee.

Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., Senior District Judge. (8:08-cv-03918-GRA-BHH)

Submitted:

September 29, 2009

Decided:

October 7, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Dale Smart, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Alphonso Simon, Jr., SOUTH CAROLINA ATTORNEY GENERAL'S OFFICE, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Robert Dale Smart seeks to appeal the district court's order motion affirming to the magistrate discovery. judge's This order court denying may Smart's exercise

compel

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 (1949). The order Smart seeks to

appeal is neither a final order nor an appealable interlocutory or collateral order. default judgment Accordingly, we deny Smart's motions for dismiss the appeal for lack of

and

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

2