Franklin Reaves v. Sherry Rhodes, (4th Cir. 2011)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-1764

FRANKLIN C. REAVES, Reverend, PHD,

Plaintiff - Appellant,

v.

SHERRY R. RHODES, individually and in her official capacity

as Clerk of Court for Marion County; MARK W. RICHARDSON,

individually and in his official capacity as Sheriff of

Marion County; LEVON NICHOLS, a/k/a Levern Nichols,

individually and in his official capacity as Deputy Sheriff

of Marion County; ALBERT WOODBERRY, individually and in his

official capacity as Deputy Sheriff of Marion County; MITCHE

MCCASKILL, individually and in his official capacity as

Deputy Sheriff of Marion County; CW JOHNSON, individually

and in his official capacity as Marion County Jailor; TIM

HARPER, individually and in his official capacity as County

Administrator; JOHN Q. ATKINSON, individually and in his

official capacity as member of Marion County Council; ELOSIE

W. ROGERS, individually and in her official capacity as

member of Marion County Council; TOM SHAW, individually and

in his official capacity as member of Marion County Council;

ALLEN FLOYD, individually and in his official capacity as

member of Marion County Council; MILTON TROY, individually

and in his official capacity as member of Marion County

Council; PEARLY BRITT, individually and in his official

capacity as member of Marion County Council; ELISTA H.

SMITH, individually and in her official capacity as member

of Marion County Council; AE MOREHEAD, individually and in

his official Capacity as Family Court Judge,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. Terry L. Wooten, District Judge.

(4:10-cv-03234-TLW-TER)

Submitted: September 29, 2011 Decided: October 4, 2011 Before KING, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Franklin C. Reaves, Appellant Pro Se. Robert Thomas King, WILLCOX BUYCK & WILLIAMS, PA, Florence, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Franklin C. Reaves seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing several Defendants from his civil suit.

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Reaves seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. 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 the court and argument would not aid the decisional process.

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