David Bach v. CIA
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:15-cv-04915-MGL Copies to all parties and the district court/agency. . Mailed to: appellant. [16-1191]
Pg: 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DAVID CHARLES BACH, a/k/a David Bach,
Plaintiff - Appellant,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Kaymani D. West, Magistrate Judge.
July 5, 2016
July 11, 2016
Before GREGORY, Chief Judge, and MOTZ and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Charles Bach, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 2
David Charles Bach seeks to appeal the magistrate judge’s
report recommending that his civil action be dismissed without
This court may 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 magistrate judge’s report and recommendation Bach seeks to
appeal is neither a final order nor an appealable interlocutory or
Furthermore, the district court’s adoption of
the report and recommendation after Bach noted his appeal does not
overcome the jurisdictional defect in Bach’s appeal because the
magistrate judge’s report was not an order that the district court
Group v. Traverse Comput. Brokers, 973 F.2d 345, 347-48 (4th Cir.
1992) (holding that doctrine of cumulative finality only applies
where order appealed from could have been certified under Fed. R.
Civ. P. 54(b)).
Accordingly, we dismiss the appeal for lack of
We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?