FIRRIOLO v. SHARE SUNBELT RESOURCES INC LLC LLC (2018)

United States Court of Appeals, Fourth Circuit.

Thomas Raymond FIRRIOLO. Plaintiff – Appellant, v. SHARE SUNBELT RESOURCES, INC., Directors, Employee, Supervisor; Mark Golden, Owner, Palmetto Heating & Air, LLC; John Horn, Manager, Palmetto Heating & Air, Manager & Director of Installation; Tracy Campbell, Office Manager, Palmetto Heating & Air; Timothy Coggins, Mechanical Inspector for the City of Greenville, formerly Palmetto Heating & Air and previous Director; Allen Bristow, General Contractor, hired by Share Sunbelt Resources, Inc.; Ross L. Bowen, Jr., Coordinator for Allen Bristow and Examiner; Trane Corporate Service Company; Directors, hired Mark Golden, LLC, Defendants – Appellees.

No. 18-1576

Decided: December 03, 2018

Before DUNCAN and KEENAN, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Thomas Raymond Firriolo, Appellant Pro Se.

Thomas Raymond Firriolo seeks to appeal the magistrate judge’s report and recommendation in his civil 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, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The magistrate judge’s recommendation that Firriolo seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. We therefore 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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