Timothy Garvin v. Kirk Owen, No. 09-6527 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6527 TIMOTHY TYRONE GARVIN, Plaintiff Appellant, v. KIRK L. OWEN, Detective; MIKE GRABOWSKI, Officer; BRYAN GRISWOLD, Officer; CHUCK CAIN, Investigator; TRUXTON UMSTED, Officer; CHRISTOPHER HAMMELL, Officer; PETE FROMMER, Chief; MICHAEL E. HUNT, Sheriff, in their individual, collective, and official capacities while acting within the scope of their employment and acting under color of state law; AIKEN COUNTY; AIKEN CITY, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Henry M. Herlong, Jr., Senior District Judge. (2:09-cv-00202-HMH-RSC) Submitted: July 30, 2009 Decided: August 5, 2009 Before MOTZ, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Timothy Tyrone Garvin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy court s order Tyrone accepting Garvin the seeks to appeal recommendation of the the district magistrate judge and dismissing his claim of false imprisonment, and the court s subsequent magistrate defendants, judge order and denying accepting dismissing his motion the his to recommendation complaint alter or as amend of to certain a previous order, and denying his motion to amend his complaint. court may exercise jurisdiction only over final the This 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 orders Garvin seeks to appeal are neither final orders nor appealable interlocutory or collateral orders. appeal for lack of jurisdiction. Accordingly, we dismiss the 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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