Theodore Justice v. The State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999558363-2] Originating case number: 5:15-cv-00046-F Copies to all parties and the district court/agency. [999587608].. [15-1315]

Appeal: 15-1315

Doc: 10

Filed: 05/21/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1315

THEODORE JUSTICE,
Plaintiff – Appellant,
v.
THE STATE OF NORTH CAROLINA; FRANKLIN COUNTY; TOWN
LOUISBURG; ROBERT H. HOBGOOD, Honorable Chief Judge,

OF

Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Robert Boyd Jones, Jr.,
Magistrate Judge. (5:15-cv-00046-F)

Submitted:

May 19, 2015

Decided: May 21, 2015

Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Theodore Justice, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1315

Doc: 10

Filed: 05/21/2015

Pg: 2 of 2

PER CURIAM:
Theodore

Justice

seeks

to

appeal

the

magistrate

order denying leave to proceed in forma pauperis. *
may

exercise

jurisdiction

only

over

final

judge’s

This court

orders,

28

U.S.C.

§ 1291 (2012), and certain interlocutory and collateral orders,
28

U.S.C.

§

1292

(2012);

Fed.

R.

Civ.

P.

54(b);

Cohen

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).

v.
The

order Justice seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order.
§ 636(b)(1) (2012); Fed. R. Civ. P. 72(a).

See 28 U.S.C.

Accordingly, we deny

leave to proceed in forma pauperis and dismiss the appeal for
lack of jurisdiction.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the
materials

before

this

court

and

argument

would

not

aid

the

decisional process.

DISMISSED

*

We note that Justice filed objections to the magistrate
judge’s determination that are pending in the district court.

2