MENIUS SCDC 298627 v. SCDC SCDC (2019)

Steve L.W. Menius seeks to appeal the magistrate judge’s report and recommendation recommending that the action Menius filed pursuant to 42 U.S.C. § 1983 (2012) be dismissed for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a) (2012). 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 report and recommendation Menius seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir. 1999). Moreover, the doctrine of cumulative finality does not cure this jurisdictional defect. See Equip. Fin. Grp., Inc. v. Traverse Comput. Brokers, 973 F.2d 345, 347-48 (4th Cir. 1992); see also In re Bryson, 406 F.3d 284, 287-89 (4th Cir. 2005). Accordingly, we dismiss the appeal for lack of jurisdiction. We also deny Menius’ motion to appoint counsel. 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.