Bardes v. Magera ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2191
DAVID A. BARDES, individually as a taxpayer; and as next
friend of his two minor children, DAB and APB,
Plaintiff – Appellant,
v.
JOHN M. MAGERA, individually and in his official capacity as
State's Attorney for South Carolina Department of Social
Services; STATE OF SOUTH CAROLINA; CHARLESTON COUNTY SOUTH
CAROLINA; COUNTY COUNCIL OF CHARLESTON SOUTH CAROLINA; MCROY
CANTERBURY, JR., individually and in his official capacity
as Administrator for Charleston County; KATHLEEN M. HAYES,
individually and in her official capacity as the South
Carolina Department of Social Services State Director; JAMES
A. CANNON, JR., individually and in his official capacity as
Sheriff of Charleston County South Carolina; CORRECT CARE
SOLUTIONS, LLC; Hon. R. WRIGHT TURBEVILLE, individually and
in his official capacity as a Judge of the State of South
Carolina; Hon. JOCELYN B. CATE, individually and in her
official capacity as a Judge of the State of South Carolina;
Hon. PAUL W. GARFINKEL, individually and in his official
capacity as a Judge of the State of South Carolina; JULIE J.
ARMSTRONG, individually and in her official capacity as
Clerk of the Courts for the Charleston Judicial Center;
WISHART NORRIS HENNINGER AND PITTMAN PA; WADE HARRISON,
Esq., individually and in his official capacity as officer
within any court of law,
Defendants – Appellees,
and
ODESSA WILLIAMS, individually and in her official capacity
as Charleston County Department of Social Services Director,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, Senior
District Judge. (2:08-cv-00487-PMD-RSC)
Submitted: March 16, 2010 Decided: March 19, 2010
Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David A. Bardes, Appellant Pro Se. Stephanie Pendarvis
McDonald, SENN, MCDONALD & LEINBACK, LLC, Charleston, South
Carolina, Amanda R. Maybank, MAYBANK LAW FIRM, LLC, Charleston,
South Carolina, Pamela Suzanne Duffy, Molly Anne Whitlatch,
WISHART, NORRIS, HENNINGER & PITTMAN, PA, Burlington, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
David A. Bardes seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation
and dismissing all but one of Bardes’s claims and attendant
defendants. This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541,
545-47 (1949). The order Bardes seeks to appeal is neither a
final order nor an appealable interlocutory or collateral 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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