Ronald McClary v. Belquis Hopkins , 710 F. App'x 140 ( 2018 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 17-7034
    RONALD MCCLARY,
    Plaintiff - Appellant,
    v.
    BELQUIS HOPKINS, Lead Nurse; DAVID MITCHELL; ANTHONY D.
    SEARLES,
    Defendants - Appellees,
    and
    EAVES, Nurse,
    Defendant.
    Appeal from the United States District Court for the Western District of North Carolina, at
    Charlotte. Frank D. Whitney, Chief District Judge. (3:16-cv-00088-FDW)
    Submitted: January 30, 2018                                    Decided: February 1, 2018
    Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Ronald McClary, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Ronald McClary seeks to appeal the district court’s order denying his motion to
    recuse and his motion for leave to seek evidence, construed as a motion for discovery. 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). The order McClary
    seeks to appeal is neither a final order nor an appealable interlocutory or collateral order.
    See Nicholas v. Wyndham Int’l, Inc., 
    373 F.3d 537
    , 541 (4th Cir. 2004) (order denying
    discovery); In re Va. Elec. & Power Co., 
    539 F.2d 357
    , 363-64 (4th Cir. 1976) (recusal).
    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 this court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 17-7034

Citation Numbers: 710 F. App'x 140

Judges: Motz, Keenan, Hamilton

Filed Date: 2/1/2018

Precedential Status: Non-Precedential

Modified Date: 11/6/2024