David Charles Bach, a/k/a David Bach v. Cia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1191
DAVID CHARLES BACH, a/k/a David Bach,
Plaintiff - Appellant,
v.
CIA,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Kaymani D. West, Magistrate Judge.
(4:15-cv-04915-MGL)
Submitted: July 5, 2016 Decided: July 11, 2016
Before GREGORY, Chief Judge, and MOTZ and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Charles Bach, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
David Charles Bach seeks to appeal the magistrate judge’s
report recommending that his civil action be dismissed without
prejudice. 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 magistrate judge’s report and recommendation Bach seeks to
appeal is neither a final order nor an appealable interlocutory or
collateral order. Furthermore, the district court’s adoption of
the report and recommendation after Bach noted his appeal does not
overcome the jurisdictional defect in Bach’s appeal because the
magistrate judge’s report was not an order that the district court
could have certified for immediate appeal. See Equip. Fin.
Group v. Traverse Comput. Brokers, 973 F.2d 345, 347-48 (4th Cir.
1992) (holding that doctrine of cumulative finality only applies
where order appealed from could have been certified under Fed. R.
Civ. P. 54(b)). 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

-- 2 of 2 --