William M. Windsor, Plaintiff, v. RE MAX LLC (2018)

Kimberly T. Spence seeks to appeal the magistrate judge’s memorandum and recommendation recommending that Spence’s civil action be dismissed as frivolous. 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, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The memorandum and recommendation Spence seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See 28 U.S.C. § 636(b)(1), (c)(1) (2012); Fed. R. Civ. P. 72(b); Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004). Accordingly, we dismiss the appeal for lack of jurisdiction, and deny Spence’s pending motions as moot. 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.