Curtis Green v. JOEL ANDERSON, South Carolina Department of Corrections Interim Director

25-6912Court of Appeals for the Fourth Circuit30 giu 2026

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6912
CURTIS GREEN,
Plaintiff - Appellant,
v.
JOEL ANDERSON, South Carolina Department of Corrections Interim Director,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Orangeburg. Kaymani Daniels West, Magistrate Judge. (5:25-cv-12677-TMC-KDW)
Submitted: June 25, 2026 Decided: June 30, 2026
Before BENJAMIN and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Curtis Green, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Curtis Green seeks to appeal the magistrate judge’s order recommending denying
Green’s 42 U.S.C. § 1983 complaint for failing to allege factual allegations against
Defendant and granting Green leave to file an amended complaint. We may exercise
jurisdiction only over final decisions, 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, 545-47 (1949). “Absent both designation by the district court and
consent of the parties” pursuant to 28 U.S.C. § 636(c), a magistrate judge’s order issued
pursuant to 28 U.S.C. § 636(b)(1)(A) is neither a final order nor an appealable interlocutory
or collateral order. Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir. 1999); see United
States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009) (“The law is settled that appellate
courts are without jurisdiction to hear appeals directly from federal magistrate[ judges].”
(internal quotation marks omitted)). Accordingly, we dismiss Green’s 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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