Franklin Reaves v. Sherry Rhode

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:10-cv-03234-TLW-TER Copies to all parties and the district court/agency. [998692742]. Mailed to: Franklin Reaves. [11-1764]

Appeal: 11-1764

Document: 22

Date Filed: 10/04/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1764

FRANKLIN C. REAVES, Reverend, PHD,
Plaintiff - Appellant,
v.
SHERRY R. RHODES, individually and in her official capacity
as Clerk of Court for Marion County; MARK W. RICHARDSON,
individually and in his official capacity as Sheriff of
Marion
County;
LEVON
NICHOLS,
a/k/a
Levern
Nichols,
individually and in his official capacity as Deputy Sheriff
of Marion County; ALBERT WOODBERRY, individually and in his
official capacity as Deputy Sheriff of Marion County; MITCHE
MCCASKILL, individually and in his official capacity as
Deputy Sheriff of Marion County; CW JOHNSON, individually
and in his official capacity as Marion County Jailor; TIM
HARPER, individually and in his official capacity as County
Administrator; JOHN Q. ATKINSON, individually and in his
official capacity as member of Marion County Council; ELOSIE
W. ROGERS, individually and in her official capacity as
member of Marion County Council; TOM SHAW, individually and
in his official capacity as member of Marion County Council;
ALLEN FLOYD, individually and in his official capacity as
member of Marion County Council; MILTON TROY, individually
and in his official capacity as member of Marion County
Council; PEARLY BRITT, individually and in his official
capacity as member of Marion County Council; ELISTA H.
SMITH, individually and in her official capacity as member
of Marion County Council; AE MOREHEAD, individually and in
his official Capacity as Family Court Judge,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:10-cv-03234-TLW-TER)

Appeal: 11-1764

Document: 22

Submitted:

Date Filed: 10/04/2011

September 29, 2011

Page: 2 of 3

Decided:

October 4, 2011

Before KING, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Franklin C. Reaves, Appellant Pro Se.
WILLCOX BUYCK & WILLIAMS, PA, Florence,
Appellees.

Robert Thomas King,
South Carolina, for

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 11-1764

Document: 22

Date Filed: 10/04/2011

Page: 3 of 3

C.

to

PER CURIAM:
Franklin
court’s

order

Reaves

accepting

the

seeks

appeal

recommendation

of

the
the

district
magistrate

judge and dismissing several Defendants from his civil suit.
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, 545-46 (1949).

The

order Reaves seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order.
dismiss the appeal for lack of jurisdiction.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

Accordingly, we
We dispense with
contentions
the

court

are
and

argument would not aid the decisional process.

DISMISSED

3