Ronald McClary v. Lieutenant Crosson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-ct-03259-D. Copies to all parties and the district court. [999973235]. Mailed to: Ronald McClary. [16-7175]

Download PDF
Appeal: 16-7175 Doc: 16 Filed: 11/22/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7175 RONALD MCCLARY, Plaintiff - Appellant, v. LIEUTENANT CROSSON; OFFICER WILLIAMS; OFFICER HICKS; OFFICER WALLS, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Robert T. Numbers, II, Magistrate Judge. (5:15-ct-03259-D) Submitted: November 17, 2016 Decided: November 22, 2016 Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald McClary, Appellant Pro Se. Vanessa N. Totten, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7175 Doc: 16 Filed: 11/22/2016 Pg: 2 of 2 PER CURIAM: Ronald McClary seeks to appeal the magistrate judge’s order granting the Defendants an enlargement of time to answer his complaint or file a responsive pleading. 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, 545-47 (1949). Because the magistrate judge’s order is neither a final order nor an appealable interlocutory or collateral order, we 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

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?