Steve Lester v. Perry Correctional Institution

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:11-cv-02994-TMC-TER Copies to all parties and the district court/agency. [998883036]. Mailed to: Steve Lester. [12-6600]

Appeal: 12-6600

Doc: 8

Filed: 06/26/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6600

STEVEN LESTER,
Plaintiff - Appellant,
v.
PERRY CORRECTIONAL INSTITUTION; IN EMPLOYEE LT CHURCH; IN
EMPLOYEE DHO TUNER, a/k/a Truner,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Timothy M. Cain, District Judge.
(4:11-cv-02994-TMC-TER)

Submitted:

June 21, 2012

Decided:

June 26, 2012

Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steven Lester, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-6600

Doc: 8

Filed: 06/26/2012

Pg: 2 of 2

PER CURIAM:
Steven
order

adopting

Lester
the

seeks

to

magistrate

appeal
judge’s

the

district

court’s

recommendation

and

dismissing without prejudice one defendant in Lester’s 42 U.S.C.
§ 1983 (2006) action.
over

final

This court may exercise jurisdiction only

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).
is

neither

a

final

order

The order Lester seeks to appeal

nor

an

appealable

interlocutory

or

collateral order.

Accordingly, we dismiss the appeal for lack

of jurisdiction.

We dispense with oral argument because the

facts

and

materials

legal
before

contentions

are

adequately

the

and

argument

court

presented

would

not

in

the

aid

the

decisional process.

DISMISSED

2