Beasley v. County of Forsyth , 254 F. App'x 962 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7117
MARION BEASLEY, JR.,
Plaintiff - Appellant,
versus
COUNTY OF FORSYTH; STATE OF NORTH CAROLINA,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Russell A. Eliason,
Magistrate Judge. (1:07-cv-00457-NCT)
Submitted: October 31, 2007 Decided: November 21, 2007
Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marion Beasley, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marion Beasley, Jr., appeals a magistrate judge’s order
dismissing his complaint without prejudice to his right to refile.
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). See Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949); United
States v. Bryson, 981 F.2d 720, 723 (4th Cir. 1992) (magistrate
judge may hear matters in 28 U.S.C. § 2255 (2000) proceedings, but
may not decide them absent explicit consent of the parties). Where
a dispositive matter is referred to the magistrate judge under 28
U.S.C. § 636(b) (2000), parties must have the opportunity to
object, and the district court is required to conduct de novo
review of the portions of the recommendation to which objections
are made. Bryson, 981 F.2d at 723. Because Beasley did not
consent to the jurisdiction of the magistrate judge, the magistrate
judge’s order is not a final appealable order. Accordingly, we
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 the court and argument would not
aid the decisional process.
DISMISSED
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