The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1996. It dismisses an appeal from Mitchell Garioni of a magistrate judge's recommendation to dismiss Garioni's action. The court finds that it lacks jurisdiction to hear the appeal because the order being appealed is not a final judgment, nor is it an interlocutory or collateral order that can be appealed. As such, the court dismisses the appeal as interlocutory. It also denies Garioni's motion to have a transcript prepared at government expense.
Mitchell M. Garioni v. Ronald Angelone, Director Edward C. Morris, Deputy Director Larry Huffman, Regional Administrator Lonnie Saunders, Warden, Augusta Correctional Center J.H. Lyle, Lieutenant, Augusta Correctional Center Officer, 92 F.3d 1178, 4th Cir. (1996)
The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1996. It dismisses an appeal from Mitchell Garioni of a magistrate judge's recommendation to dismiss Garioni's action. The court finds that it lacks jurisdiction to hear the appeal because the order being appealed is not a final judgment, nor is it an interlocutory or collateral order that can be appealed. As such, the court dismisses the appeal as interlocutory. It also denies Garioni's motion to have a transcript prepared at government expense.
The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1996. It dismisses an appeal from Mitchell Garioni of a magistrate judge's recommendation to dismiss Garioni's action. The court finds that it lacks jurisdiction to hear the appeal because the order being appealed is not a final judgment, nor is it an interlocutory or collateral order that can be appealed. As such, the court dismisses the appeal as interlocutory. It also denies Garioni's motion to have a transcript prepared at government expense.
NOTICE: Fourth Circuit Local Rule 36(c) states that citation
of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. Mitchell M. GARIONI, Plaintiff-Appellant, v. Ronald ANGELONE, Director; Edward C. Morris, Deputy Director; Larry Huffman, Regional Administrator; Lonnie Saunders, Warden, Augusta Correctional Center; J.H. Lyle, Lieutenant, Augusta Correctional Center Officer, DefendantsAppellees. No. 95-8554.
United States Court of Appeals, Fourth Circuit.
Submitted June 20, 1996. Decided July 23, 1996.
Mitchell M. Garioni, Appellant Pro Se. Pamela Anne Sargent, Assistant
Attorney General, Richmond, Virginia, for Appellees. Before HALL, WILKINS, and HAMILTON, Circuit Judges. PER CURIAM:
Appellant appeals the magistrate judge's report recommending dismissal of this
action. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. We also deny Appellant's motion for
the preparation of a transcript at government's expense. See 28 U.S.C. 753(f)
(1988). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
Anthony Edwin Hurley v. Municipality of Prince George's County County Executive, Upper Marlboro, Maryland, in Their Official Capacities Only, 60 F.3d 822, 4th Cir. (1995)
Clay Vance Conner v. David L. Smith Danny Crigger Patty L. Huffman Joe Hubbard Richard Young Valerie D. Rasheed Edward C. Morris, 60 F.3d 821, 4th Cir. (1995)