Thomas C. Wilson v. Sally Ann Chickering
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:16-cv-01579-TMC Copies to all parties and the district court/agency. . Mailed to: Thomas Clay Wilson CHARLESTON COUNTY DETENTION CENTER 3841 Leeds Avenue Charleston, SC 29405-0000. [16-7185]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
THOMAS C. WILSON,
Plaintiff - Appellant,
SALLY ANN CHICKERING,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Paige Jones Gossett, Magistrate
December 20, 2016
December 22, 2016
Before GREGORY, Chief Judge, and WYNN and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Clay Wilson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Thomas Clay Wilson seeks to appeal the magistrate judge’s
report recommending that the district court dismiss his civil
action without prejudice for failure to state a claim.
Wilson filed his notice of appeal, the district court adopted
the magistrate judge’s recommendation and dismissed the action
Wilson has not filed an amended notice of
orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949).
When a notice of appeal is premature, the entry of
under the doctrine of cumulative finality, but only if the order
appealed could have been certified for immediate appeal pursuant
to Rule 54(b).
In re Bryson, 406 F.3d 284, 287-89 (4th Cir.
2005); Equip. Fin. Grp. v. Traverse Computer Brokers, 973 F.2d
345, 347 (4th Cir. 1992).
The report and recommendation Wilson seeks to appeal is
See Haney v. Addison, 175 F.3d 1217, 1219
(10th Cir. 1999).
Because the district court could not have
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We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
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