Simmons v. Berrios ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7641
SHAWN SIMMONS,
Plaintiff - Appellant,
v.
LUIS BERRIOS, MD Clinical Director FCI Bennettsville; MS
JUMP, Nurse Practitioner FCI Bennettsville,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Margaret B. Seymour, District
Judge. (0:09-cv-01171-MBS)
Submitted: November 19, 2009 Decided: December 4, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shawn Simmons, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shawn Simmons seeks to appeal the magistrate judge’s
report and recommendation to dismiss his Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971),
action. 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(1949). The report and recommendation of the magistrate judge
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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