Randle Jackson, individually v. Captain Livingston; Anthony Howard Hall; Captain Reese

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7335
RANDLE JACKSON, individually and as the Personal Representative for the Estate
of Dashaun Simmons,
Plaintiff - Appellant,
v.
CAPTAIN LIVINGSTON; ANTHONY HOWARD HALL; CAPTAIN REESE,
Defendants - Appellees,
and
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS,
Defendant.
Appeal from the United States District Court for the District of South Carolina, at Aiken.
Donald C. Coggins, Jr., District Judge. (1:22-cv-01656-DCC-SVH)
Submitted: February 16, 2023 Decided: February 22, 2023
Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and FLOYD, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Joshua Thomas Hawkins, Helena LeeAnn Jedziniak, HAWKINS & JEDZINIAK, LLC,
Greenville, South Carolina, for Appellant. David Allan DeMasters, Peter Michael

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Balthazor, RILEY, POPE & LANEY, LLC, Columbia, South Carolina; Jacob Alan Biltoft,
Janet Brooks Holmes, MCKAY FIRM, PA, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Randle Jackson seeks to appeal the district court’s order adopting the magistrate
judge’s recommendations and dismissing all but one defendant in this 42 U.S.C. § 1983
case. 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 Jackson
seeks to appeal is neither a final order nor an appealable interlocutory or collateral order.
Accordingly, we dismiss the appeal for lack of jurisdiction and deny Jackson’s motion to
remand as moot. 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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