Shawn Simmons v. Luis Berrios, No. 09-7641 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7641 SHAWN SIMMONS, Plaintiff - Appellant, v. LUIS BERRIOS, MD Clinical Director FCI Bennettsville; MS JUMP, Nurse Practitioner FCI Bennettsville, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Margaret B. Seymour, District Judge. (0:09-cv-01171-MBS) Submitted: November 19, 2009 Decided: December 4, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Shawn Simmons, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Shawn Simmons seeks to appeal the magistrate judge s report and recommendation to dismiss his Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral 54(b); Cohen (1949). is orders, v. 28 U.S.C. Beneficial § 1292 Indus. (2006); Loan Fed. Corp., R. 337 Civ. U.S. P. 541 The report and recommendation of the magistrate judge 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 materials legal before contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 2

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