Ronald McClary v. Lieutenant Crosson ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7175
RONALD MCCLARY,
Plaintiff - Appellant,
v.
LIEUTENANT CROSSON; OFFICER WILLIAMS; OFFICER HICKS; OFFICER
WALLS,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Robert T. Numbers, II,
Magistrate Judge. (5:15-ct-03259-D)
Submitted: November 17, 2016 Decided: November 22, 2016
Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronald McClary, Appellant Pro Se. Vanessa N. Totten, Assistant
Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald McClary seeks to appeal the magistrate judge’s order
granting the Defendants an enlargement of time to answer his
complaint or file a responsive pleading. This court may exercise
jurisdiction only over final 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, 545-47 (1949). Because the magistrate judge’s
order is neither a final order nor an appealable interlocutory or
collateral order, 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 this
court and argument would not aid the decisional process.
DISMISSED
2