Jorge Gevara v. Boyd Bennett

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [998426590-2] in 10-7186 Originating case number: 1:09-cv-00343-WO-LPA Copies to all parties and the district court/agency. [998492059] [10-7186, 10-7279, 10-7386]

Jorge Gevara v. Boyd Bennett

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Case: 10-7186 Document: 21

Date Filed: 12/28/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7186 JORGE GEVARA, a/k/a Jorge Galeas, Jr., Plaintiff ­ Appellant, v. BOYD BENNETT, Ex-Director of Prisons; F. B. HUBBARD, Superintendent; CRUTCHFIELD, Assistant Superintendent of Programs; WENDY BRANCH, Unit Manager; PERRITT, Unit Manager; JOHN DOE, Disciplinary Hearing Officer; JOHN DOE, Facility Classification Committee; R. HAMPTON, Investigating Officer (now S.T.G. Officer); L. STAR, Correctional Officer, Defendants ­ Appellees.

No. 10-7279 JORGE GEVARA, a/k/a Jorge Galeas, Jr., Plaintiff ­ Appellant, v. BOYD BENNETT, Ex-Director of Prisons; F. B. HUBBARD, Superintendent; CRUTCHFIELD, Assistant Superintendent of Programs; WENDY BRANCH, Unit Manager; PERRITT, Unit Manager; JOHN DOE, Disciplinary Hearing Officer; JOHN DOE, Facility Classification Committee; R. HAMPTON, Investigating Officer (now S.T.G. Officer); L. STAR, Correctional Officer, Defendants ­ Appellees.

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Case: 10-7186 Document: 21

Date Filed: 12/28/2010

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No. 10-7386 JORGE GEVARA, Plaintiff ­ Appellant, v. BOYD BENNETT, Ex-Director of Prisons; F. B. HUBBARD, Superintendent; CRUTCHFIELD, Assistant Superintendent of Programs; WENDY BRANCH, Unit Manager; PERRITT, Unit Manager; JOHN DOE, Disciplinary Hearing Officer; R. HAMPTON, Investigating Officer (Now S.T.G. Officer); L. STAR, Correctional Officer, Defendants ­ Appellees.

Appeals from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge; L. Patrick Auld, Magistrate Judge. (1:09cv-00343-WO-LPA) Submitted: December 16, 2010 Decided: December 28, 2010

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Jorge Gevara, Appellant Pro Se. Lisa Yvette Harper, Assistant Attorney General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

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Case: 10-7186 Document: 21

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PER CURIAM: In these consolidated cases, Jorge Gevara appeals the district magistrate court's judge order and adopting the his recommendation 42 U.S.C. § 1983 of the

dismissing

(2006)

civil rights action without prejudice for failure to exhaust administrative remedies and the magistrate judge's interlocutory orders denying Gevara's motions seeking leave to amend, to

reconsider, and for a certificate of appealability. * reviewed the record and find no reversible error. we affirm on the reasoning of the district

We have

Accordingly, and the

court

magistrate judge. (M.D.N.C. Aug.

Gevara v. Bennett, No. 1:09-cv-000343-WO-LPA 2010; Aug. 30, 2010; Sept. 21, 2010).

18,

We deny Gevara's motion for a certificate of appealability and 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.

AFFIRMED

Gevara's appeals from the magistrate judge's orders were interlocutory when filed. The district court's subsequent entry of a final judgment permits review of the magistrate judge's orders under the doctrine of cumulative finality. See In re Bryson, 406 F.3d 284, 287-89 (4th Cir. 2005); Equip. Fin. Group, Inc. v. Traverse Computer Brokers, 973 F.2d 345, 347 (4th Cir. 1992). 3

*