Ronald Legg v. Southern Health Partners, No. 12-7979 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7979 RONALD L. LEGG, Plaintiff - Appellant, v. SOUTHERN HEALTH PARTNERS, Jodi Harrison, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Aiken. Shiva Vafai Hodges, Magistrate Judge. (1:12-cv-00481-MGL) Submitted: January 17, 2013 Decided: January 23, 2013 Before GREGORY, SHEDD, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald L. Legg, Appellant Pro Se. Elliott T. Halio, HALIO & HALIO, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ronald L. Legg seeks to appeal the magistrate judge s report recommending that the district court grant Defendant Southern Health Partners motion for summary judgment on his 42 U.S.C. § 1983 (2006) complaint. This court 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, 545-46 (1949). Because it lacks both designation by the district court and consent of the parties, 28 U.S.C. § 636(c) (2006), a magistrate judge s recommendation is not a final, appealable decision. F.3d 1217, 1219 (10th Cir. appealable to this court. for transcripts at the See Haney v. Addison, 175 1999). Nor is it otherwise Accordingly, we deny Legg s motion Government s appeal for lack of jurisdiction. expense and dismiss the 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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