Jonathan Duncan v. Sheriff Pendergrass

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1258
JONATHAN TORREY DUNCAN,
Plaintiff - Appellant,
v.
SHERIFF PENDERGRASS; ORANGE COUNTY; SOUTHERN HEALTH
PARTNERS, LLC; DAVIS, Medical Doctor; DETENTION OFFICER HINKLE;
DETENTION OFFICER THOMPSON; JOHN DOE 1, Nurse; JOHN DOE 2, Nurse;
JOHN DOE 3, Nurse; JOHN DOE 4, Nurse; JOHN DOE 5, Nurse; JOHN DOE 6,
Nurse; JOHN DOE 7, Nurse; NURSE T. HUDSON; LIEUTENANT BOLTON,
Defendants - Appellees.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Joe L. Webster, Magistrate Judge. (1:19-cv-00459-CCE-JLW)
Submitted: October 22, 2020 Decided: October 26, 2020
Before WYNN, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jonathan Torrey Duncan, Appellant Pro Se. Christina Jansen Banfield, HARRIS,
CREECH, WARD & BLACKERBY, New Bern, North Carolina; Brian Florencio Castro,
Bradley O. Wood, WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jonathan Torrey Duncan seeks to appeal the magistrate judge’s report
recommending that the district court dismiss Duncan’s complaint. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and
collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541, 545-46 (1949). The order Duncan 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 this court and argument would
not aid the decisional process.
DISMISSED
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