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  • Stanley Moultrie v. William Byars, JR., 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal by Stanley Lee Moultrie. The court found that it did not have jurisdiction over the appeal because the magistrate judge's order denying Moultrie's motion to alter or amend a previous order was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. As a result, the court dismissed the appeal for lack of jurisdiction.

    Original Description:

    Filed: 2014-11-25 Precedential Status: Non-Precedential Docket: 14-7123

    Original Title

    Stanley Moultrie v. William Byars, Jr., 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal by Stanley Lee Moultrie. The court found that it did not have jurisdiction over the appeal because the magistrate judge's order denying Moultrie's motion to alter or amend a previous order was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. As a result, the court dismissed the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    17 views3 pages

    Stanley Moultrie v. William Byars, JR., 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal by Stanley Lee Moultrie. The court found that it did not have jurisdiction over the appeal because the magistrate judge's order denying Moultrie's motion to alter or amend a previous order was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. As a result, the court dismissed the appeal for lack of jurisdiction.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7123

    STANLEY LEE MOULTRIE,


    Plaintiff - Appellant,
    v.
    WILLIAM BYARS, JR., South Carolina Department of Corrections
    Director; BRYAN P. STIRLING; GOVERNOR NIKKI HALEY; ATTORNEY
    GENERAL ALAN WILSON; DEPUTY DIRECTOR ROBERT WARD; SCDC
    GENERAL COUNSEL DAYNE HAILE; CHRISTOPHER FLORIAN; ANN
    HALLMAN, Agency Grievance Coordinator; MARIA LEGGINS, Agency
    Mailroom
    Coordinator;
    WILLIE
    EAGLETON,
    Evan
    Warden;
    ASSOCIATE WARDEN MCFADDEN; MAJOR C. WEST; BETHEA LIEUTENANT
    MICHAEL TOMS; MS. BAKER, Mailroom Coordinator; MS. GRAVES,
    ECI
    Grievance
    Coordinator;
    PAMELA
    MCDOWELL,
    Mailroom
    Supervisor; LIEUTENANT JAMES MARTIN; SERGEANT H. SIMS;
    ASSOCIATE WARDEN BUSH, Lee CI; ASSOCIATE WARDEN NOLAN;
    ASSOCIATE
    WARDEN
    DEAN;
    K.
    RIVERS,
    Lee
    CI
    Grievance
    Coordinator; JIMMY SLEIGH; DEPUTY WARDEN; LIEUTENANT JACK
    BROWN; CECIL WILSON; MS. CONYERS, Lee CI Officer; GENERAL
    COUNSEL TATARSKY; DEPUTY DIRECTOR MCCALL,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    Bristow Marchant, Magistrate
    Judge. (9:14-cv-01690-JFA-BM)

    Submitted:

    November 20, 2014

    Decided:

    November 25, 2014

    Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Stanley Lee Moultrie, Appellant Pro Se.


    Jerome Scott Kozacki,
    WILLCOX BUYCK & WILLIAMS, PA, Florence, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Stanley Lee Moultrie seeks to appeal the magistrate
    judges order denying Moultries motion to alter or amend the
    text order denying his request for a default judgment.
    court

    may

    exercise

    jurisdiction

    only

    over

    final

    This

    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

    order Moultrie seeks to appeal is neither a final order nor an


    appealable interlocutory or collateral order.
    dismiss the appeal for lack of jurisdiction.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    Accordingly, we
    We dispense with
    contentions
    this

    court

    are
    and

    argument would not aid the decisional process.

    DISMISSED

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