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Bardes v. Magera

United States Court of Appeals, Fourth Circuit
Mar 19, 2010
372 F. App'x 424 (4th Cir. 2010)

Opinion

No. 09-2191.

Submitted: March 16, 2010.

Decided: March 19, 2010.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, Senior District Judge. (2:08-cv-00487-PMD-RSC).

David A. Bardes, Appellant Pro Se. Stephanie Pendarvis McDonald, Senn, Mcdonald Leinback, LLC, Charleston, South Carolina, Amanda R. Maybank, Maybank Law Firm, LLC, Charleston, South Carolina, Pamela Suzanne Duffy, Molly Anne Whitlatch, Wishart, Norris, Henninger Pittman, PA, Burlington, North Carolina, for Appellees.

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


David A. Bardes seeks to appeal the district court's order adopting the magistrate judge's report and recommendation and dismissing all but one of Bardes's claims and attendant defendants. 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, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Bardes 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 the court and argument would not aid the decisional process.

DISMISSED.


Summaries of

Bardes v. Magera

United States Court of Appeals, Fourth Circuit
Mar 19, 2010
372 F. App'x 424 (4th Cir. 2010)
Case details for

Bardes v. Magera

Case Details

Full title:David A. BARDES, individually as a tax-payer; and as next friend of his…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 19, 2010

Citations

372 F. App'x 424 (4th Cir. 2010)