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United States Court of Appeals, Fourth Circuit

The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1996. It dismisses an appeal from Mitchell Garioni of a magistrate judge's recommendation to dismiss Garioni's action. The court finds that it lacks jurisdiction to hear the appeal because the order being appealed is not a final judgment, nor is it an interlocutory or collateral order that can be appealed. As such, the court dismisses the appeal as interlocutory. It also denies Garioni's motion to have a transcript prepared at government expense.

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40 views2 pages

United States Court of Appeals, Fourth Circuit

The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1996. It dismisses an appeal from Mitchell Garioni of a magistrate judge's recommendation to dismiss Garioni's action. The court finds that it lacks jurisdiction to hear the appeal because the order being appealed is not a final judgment, nor is it an interlocutory or collateral order that can be appealed. As such, the court dismisses the appeal as interlocutory. It also denies Garioni's motion to have a transcript prepared at government expense.

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92 F.

3d 1178

NOTICE: Fourth Circuit Local Rule 36(c) states that citation


of unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Mitchell M. GARIONI, Plaintiff-Appellant,
v.
Ronald ANGELONE, Director; Edward C. Morris, Deputy
Director; Larry Huffman, Regional Administrator; Lonnie
Saunders, Warden, Augusta Correctional Center; J.H. Lyle,
Lieutenant, Augusta Correctional Center Officer, DefendantsAppellees.
No. 95-8554.

United States Court of Appeals, Fourth Circuit.


Submitted June 20, 1996.
Decided July 23, 1996.

Mitchell M. Garioni, Appellant Pro Se. Pamela Anne Sargent, Assistant


Attorney General, Richmond, Virginia, for Appellees.
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
PER CURIAM:

Appellant appeals the magistrate judge's report recommending dismissal of this


action. We dismiss the appeal for lack of jurisdiction because the order is not
appealable. This court may exercise jurisdiction only over final orders, 28
U.S.C. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C.
1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337
U.S. 541 (1949). The order here appealed is neither a final order nor an
appealable interlocutory or collateral order.
We dismiss the appeal as interlocutory. We also deny Appellant's motion for

the preparation of a transcript at government's expense. See 28 U.S.C. 753(f)


(1988). 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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