Scribd Logo
Upload

Welcome to Scribd!

  • Armistead v. Wadsworth, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    4 views2 pages
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James G. Armistead for lack of jurisdiction. The court does not have jurisdiction to consider an appeal of a magistrate judge's report and recommendation, as it is not a final order or appealable interlocutory or collateral order as defined by statute. As such, the court dismisses the appeal without oral argument.

    Original Description:

    Filed: 2004-12-16 Precedential Status: Non-Precedential Docket: 04-7371

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James G. Armistead for lack of jurisdiction. The court does not have jurisdiction to consider an appeal of a magistrate judge's report and recommendation, as it is not a final order or appealable interlocutory or collateral order as defined by statute. As such, the court dismisses the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    4 views2 pages

    Armistead v. Wadsworth, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James G. Armistead for lack of jurisdiction. The court does not have jurisdiction to consider an appeal of a magistrate judge's report and recommendation, as it is not a final order or appealable interlocutory or collateral order as defined by statute. As such, the court dismisses the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7371

    JAMES G. ARMISTEAD,
    Petitioner - Appellant,
    versus
    DERRICK WADSWORTH, Superintendent;
    CORRECTIONAL INSTITUTION,

    HYDE
    Respondents - Appellees.

    Appeal from the United States District


    District of North Carolina, at Durham.
    District Judge. (CA-03-1178)

    Submitted:

    December 9, 2004

    Court for the Middle


    James A. Beaty, Jr.,

    Decided:

    December 16, 2004

    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James G. Armistead, Appellant Pro Se. Clarence Joe DelForge, III,


    NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James G. Armistead seeks to appeal the magistrate judges
    report and recommendation to deny his petition for habeas corpus
    relief under 28 U.S.C. 2254 (2000).

    This court may exercise

    jurisdiction only over final orders, 28 U.S.C. 1291 (2000), and


    certain interlocutory and collateral orders, 28 U.S.C. 1292
    (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
    Corp., 337 U.S. 541 (1949).
    magistrate

    judge

    is

    The report and recommendation of the

    neither

    final

    interlocutory or collateral order.


    appeal for lack of jurisdiction.

    order

    nor

    an

    appealable

    Accordingly, we dismiss the

    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

    - 2 -

    You might also like