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  • Theodore Justice v. State, 4th Cir. (2015)

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    Theodore Justice appealed a magistrate judge's order denying his request to proceed in forma pauperis to the United States Court of Appeals for the Fourth Circuit. The Fourth Circuit dismissed the appeal for lack of jurisdiction, as the magistrate judge's order was not a final order and does not fall under the limited categories of appealable interlocutory or collateral orders. As Justice had filed objections to the magistrate judge's determination that were still pending before the district court, the Fourth Circuit noted it could not exercise jurisdiction over the appeal.

    Original Description:

    Filed: 2015-05-21 Precedential Status: Non-Precedential Docket: 15-1315

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    Theodore Justice appealed a magistrate judge's order denying his request to proceed in forma pauperis to the United States Court of Appeals for the Fourth Circuit. The Fourth Circuit dismissed the appeal for lack of jurisdiction, as the magistrate judge's order was not a final order and does not fall under the limited categories of appealable interlocutory or collateral orders. As Justice had filed objections to the magistrate judge's determination that were still pending before the district court, the Fourth Circuit noted it could not exercise jurisdiction over the appeal.

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    Public Domain
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    6 views2 pages

    Theodore Justice v. State, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    Theodore Justice appealed a magistrate judge's order denying his request to proceed in forma pauperis to the United States Court of Appeals for the Fourth Circuit. The Fourth Circuit dismissed the appeal for lack of jurisdiction, as the magistrate judge's order was not a final order and does not fall under the limited categories of appealable interlocutory or collateral orders. As Justice had filed objections to the magistrate judge's determination that were still pending before the district court, the Fourth Circuit noted it could not exercise jurisdiction over the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1315

    THEODORE JUSTICE,
    Plaintiff Appellant,
    v.
    THE STATE OF NORTH CAROLINA; FRANKLIN COUNTY; TOWN
    LOUISBURG; ROBERT H. HOBGOOD, Honorable Chief Judge,

    OF

    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Robert Boyd Jones, Jr.,
    Magistrate Judge. (5:15-cv-00046-F)

    Submitted:

    May 19, 2015

    Decided: May 21, 2015

    Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Theodore Justice, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Theodore

    Justice

    seeks

    to

    appeal

    the

    magistrate

    order denying leave to proceed in forma pauperis. *


    may

    exercise

    jurisdiction

    only

    over

    final

    judges

    This court

    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

    Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).

    v.
    The

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


    appealable interlocutory or collateral order.
    636(b)(1) (2012); Fed. R. Civ. P. 72(a).

    See 28 U.S.C.

    Accordingly, we deny

    leave to proceed in forma pauperis 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

    We note that Justice filed objections to the magistrate


    judges determination that are pending in the district court.

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