Michael Louis Hepstall v. United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6108
MICHAEL LOUIS HEPSTALL,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Anderson. Joseph Dawson, III, District Judge. (8:20-cv-00877-JD-JDA)
Submitted: June 28, 2022 Decided: July 1, 2022
Before NIEMEYER and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Michael Louis Hepstall, Appellant Pro Se. Marshall Prince, II, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael Louis Hepstall seeks to appeal the district court’s order adopting the
magistrate judge’s recommendations to grant Defendant’s partial motion to dismiss
Hepstall’s claims, brought pursuant to the Federal Tort Claims Act, 28 U.S.C.
§§ 1346(b)(1), 2671-2680, and deny Hepstall’s motion to grant relief on the pleadings.
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 Hepstall seeks to
appeal is neither a final order nor an appealable interlocutory or collateral order. We
therefore 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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