Robert Smart v. Cecilia Reynolds, No. 09-6839 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6839 ROBERT Smart, DALE SMART, a/k/a Robert Smart, a/k/a Robert D. Petitioner Appellant, v. CECILIA REYNOLDS, Warden Kershaw Correctional Institution, Respondent Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., Senior District Judge. (8:08-cv-03918-GRA-BHH) Submitted: September 29, 2009 Decided: October 7, 2009 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Dale Smart, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Alphonso Simon, Jr., SOUTH CAROLINA ATTORNEY GENERAL S OFFICE, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Dale Smart seeks to appeal the district court s order affirming motion to the magistrate discovery. compel judge s order This court denying Smart s may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Smart seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. default judgment jurisdiction. Accordingly, we deny Smart s motions for and dismiss the appeal for lack of 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. DISMISSED 2

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