John Stritzinger v. Travis County, Texas , 670 F. App'x 127 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1610
JOHN S. STRITZINGER,
Plaintiff - Appellant,
v.
TRAVIS COUNTY, TEXAS; JWS, minor; LLS, minor; HMS, minor;
KATHERINE WRIGHT, On Behalf of Minor Children LLS, JWS, HMS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Terry L. Wooten, Chief District
Judge. (3:15-cv-01938-TLW)
Submitted: November 1, 2016 Decided: November 3, 2016
Before WILKINSON, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John S. Stritzinger, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John S. Stritzinger seeks to appeal the district court’s
order adopting the magistrate judge’s report and dismissing his
civil action without prejudice. 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, 545-46 (1949). Because the district
court adopted the magistrate judge’s report concluding that
Stritzinger’s complaint lacked sufficient factual allegations to
state a plausible claim pursuant to the Individuals with
Disabilities Education Act, 20 U.S.C. §§ 1400 to 1482 (2012), we
conclude that the order Stritzinger seeks to appeal is neither a
final order nor an appealable interlocutory or collateral order.
See Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-
24, 629-30 (4th Cir. 2015). Accordingly, we deny Stritzinger’s
motion to appoint counsel 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 this court and argument would not aid the decisional
process.
DISMISSED
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