Braxton v. Kanawha County Courts ( 2004 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-2141
    ANTHONY JAMES BRAXTON,
    Plaintiff - Appellant,
    versus
    KANAWHA COUNTY COURTS,
    Defendant - Appellee.
    Appeal from the United States District Court for the Southern
    District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
    District Judge. (CA-04-697-2)
    Submitted:   December 9, 2004          Decided:     December 14, 2004
    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Anthony James Braxton, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Anthony James Braxton seeks to appeal the magistrate
    judge’s report and recommendation to deny relief on his civil
    action.   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).    The
    report and recommendation of the magistrate judge is neither a
    final order nor an appealable interlocutory or collateral order.
    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 the court and argument would not
    aid the decisional process.
    DISMISSED
    - 2 -
    

Document Info

Docket Number: 04-2141

Filed Date: 12/14/2004

Precedential Status: Non-Precedential

Modified Date: 4/18/2021