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  • Miy'at El-Bey v. Herman Howell, 4th Cir. (2014)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Miy'at Kali El-Bey for lack of jurisdiction. The court dismissed El-Bey's appeal of the district court's order accepting the magistrate judge's recommendation to dismiss defendant Judge Herman Melvin Howell without prejudice from El-Bey's 42 U.S.C. § 1983 action. The Fourth Circuit determined that the district court's order was not a final order or an appealable interlocutory or collateral order, so the court lacked jurisdiction over the appeal.

    Original Description:

    Filed: 2014-01-13 Precedential Status: Non-Precedential Docket: 13-1991

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Miy'at Kali El-Bey for lack of jurisdiction. The court dismissed El-Bey's appeal of the district court's order accepting the magistrate judge's recommendation to dismiss defendant Judge Herman Melvin Howell without prejudice from El-Bey's 42 U.S.C. § 1983 action. The Fourth Circuit determined that the district court's order was not a final order or an appealable interlocutory or collateral order, so the court lacked jurisdiction over the appeal.

    Copyright:

    Public Domain
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    4 views2 pages

    Miy'at El-Bey v. Herman Howell, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Miy'at Kali El-Bey for lack of jurisdiction. The court dismissed El-Bey's appeal of the district court's order accepting the magistrate judge's recommendation to dismiss defendant Judge Herman Melvin Howell without prejudice from El-Bey's 42 U.S.C. § 1983 action. The Fourth Circuit determined that the district court's order was not a final order or an appealable interlocutory or collateral order, so the court lacked jurisdiction over the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-1991

    MIY'AT KALI EL-BEY,


    Plaintiff Appellant,
    v.
    HERMAN MELVIN HOWELL, Judge,
    Defendant Appellee,
    and
    CLOVER POLICE DEPARTMENT; CPL M. L. WILSON; A+ GARAGE &
    TOWING; DAVID WOODS; J. CORSEY BENTLEY,
    Defendants.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill.
    Cameron McGowan Currie, Senior
    District Judge. (0:13-cv-00438-CMC-PJG)

    Submitted:

    December 17, 2013

    Decided:

    January 13, 2014

    Before KING, WYNN, and FLOYD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Miyat Kali El-Bey, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Miyat
    courts
    judge

    order
    and

    Kali

    El-Bey

    accepting

    dismissing

    the

    seeks

    to

    appeal

    recommendation

    Defendant

    Judge

    of

    Herman

    the
    the

    district
    magistrate

    Melvin

    Howell

    without prejudice from this action filed under 42 U.S.C. 1983


    (2006).

    This court may exercise jurisdiction only over final

    orders, 28 U.S.C. 1291 (2012), and certain interlocutory and


    collateral

    orders,

    54(b); Cohen

    v.

    545-46 (1949).

    28

    U.S.C.

    Beneficial

    1292

    Indus.

    (2012);

    Loan

    Fed.

    Corp.,

    337

    R.

    Civ.

    U.S.

    P.

    541,

    The order El-Bey seeks to appeal is neither a

    final order nor an appealable interlocutory or collateral order.


    Accordingly, we dismiss the appeal for lack of jurisdiction.
    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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