Timothy Lamar Wallace v. Robert M. Stevenson, III

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:15-cv-02910-JMC-KFM. Copies to all parties and the district court/agency [999826192]. Mailed to: Timothy Lamar Wallace. [15-7626]

Appeal: 15-7626

Doc: 11

Filed: 05/18/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7626

TIMOTHY LAMAR WALLACE,
Petitioner - Appellant,
v.
ROBERT M. STEVENSON, III, Warden of Broad River Correctional
Institution,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Kevin F. McDonald, Magistrate
Judge. (6:15-cv-02910-JMC-KFM)

Submitted:

May 6, 2016

Decided:

May 18, 2016

Before SHEDD, KEENAN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Timothy Lamar Wallace, Appellant Pro Se.
Donald John Zelenka,
Senior Assistant Attorney General, Caroline M. Scrantom, OFFICE
OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7626

Doc: 11

Filed: 05/18/2016

Pg: 2 of 2

PER CURIAM:
Timothy
judge’s

Lamar

Roseboro *

Wallace
notice

seeks

to

order.

appeal

This

court

the
may

magistrate
exercise

jurisdiction only over final 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 v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949).

The order Wallace

seeks

nor

to

appeal

is

neither

a

final

interlocutory or collateral order.
appeal for lack of jurisdiction.

order

an

appealable

Accordingly, we dismiss the

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

*

Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 1975)
(holding that before summary judgment is entered against a pro
se litigant, the court must notify him of his right to file
counteraffidavits or other appropriate materials, and give him a
reasonable opportunity to respond).

2