John Stritzinger v. Travis County, Texa

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion to appoint/assign counsel denied. [999886373-2] Originating case number: 3:15-cv-01938-TLW. Copies to all parties and the district court/agency. [999961454]. Mailed to: J. Stritzinger. [16-1610]

Appeal: 16-1610

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Filed: 11/03/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1610

JOHN S. STRITZINGER,
Plaintiff - Appellant,
v.
TRAVIS COUNTY, TEXAS; JWS, minor; LLS, minor; HMS, minor;
KATHERINE WRIGHT, On Behalf of Minor Children LLS, JWS, HMS,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Terry L. Wooten, Chief District
Judge. (3:15-cv-01938-TLW)

Submitted:

November 1, 2016

Decided:

November 3, 2016

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John S. Stritzinger, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1610

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Filed: 11/03/2016

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PER CURIAM:
John S. Stritzinger seeks to appeal the district court’s
order adopting the magistrate judge’s report and dismissing his
civil

action

without

prejudice.

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).
court

adopted

the

magistrate

judge’s

Because the district

report

concluding

that

Stritzinger’s complaint lacked sufficient factual allegations to
state

a

plausible

claim

pursuant

to

the

Individuals

with

Disabilities Education Act, 20 U.S.C. §§ 1400 to 1482 (2012), we
conclude that the order Stritzinger seeks to appeal is neither a
final order nor an appealable interlocutory or collateral order.
See Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 62324, 629-30 (4th Cir. 2015).

Accordingly, we deny Stritzinger’s

motion to appoint counsel 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

2