Lucius McLean v. L. Oligmueller, Jr.

Filing 920100324

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6212

LUCIUS ELWOOD MCLEAN, Plaintiff ­ Appellant, v. L. A. OLIGMUELLER, JR., Detective; OFFICE; B. J. BARNES; SGT. LINEIR, Defendants ­ Appellees. DISTRICT ATTORNEY'S

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Thomas David Schroeder, District Judge. (1:09-cv-00953-TDS-LPA)

Submitted:

March 16, 2010

Decided:

March 24, 2010

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lucius Elwood McLean, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Lucius Elwood McLean seeks to appeal the magistrate judge's order and recommendation to dismiss McLean's 42 U.S.C. § 1983 (2006) complaint without prejudice. This court may

exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), 28 U.S.C. and certain interlocutory Fed. R. and Civ. collateral P. 54(b); orders, Cohen v. The an

§ 1292

(2006);

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-47 (1949). magistrate judge's order is neither a final order nor

appealable interlocutory or collateral order.

Moreover, where a

magistrate judge has been designated by a district court judge to submit "proposed findings of fact and recommendations for the disposition" of a prisoner petition challenging conditions of confinement under 28 U.S.C. § 636(b)(1)(B) (2006), the parties must be given fourteen days within which to "serve and file written objections," and the district judge is required to "make a de novo determination proposed of those or portions of the report to or

specified

findings

recommendations

which

objection is made." 2009). Accordingly,

28 U.S.C. § 636(b)(1) (2006 and Supp. 1A we dismiss the appeal for lack of

jurisdiction.

We dispense with oral argument because the facts

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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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