Reginald Fullard v. North Carolina Yadkin County, No. 16-7746 (4th Cir. 2017)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7746 REGINALD UNDERWOOD FULLARD, Plaintiff - Appellant, v. NORTH CAROLINA YADKIN COUNTY; DIRECTOR BUREAU OF ATF, ADCE; NORTH CAROLINA DEPARTMENT OF CORRECTION/NCPS; NORTH CAROLINA GENERAL ASSEMBLY; SUPERIOR COURT OF FORSYTH COUNTY; UNITED STATES ATTORNEY GENERAL, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta Copeland Biggs, District Judge. (1:15-cv-00085-LCB-JLW) Submitted: April 25, 2017 Before MOTZ, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Reginald U. Fullard, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Decided: April 28, 2017 PER CURIAM: Reginald Underwood Fullard appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice his 42 U.S.C. § 1983 (2012) action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949). The order Fullard seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623 (4th Cir. 2015); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). 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 this court and argument would not aid the decisional process. DISMISSED 2

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