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SANDERS v. NC (2018)

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United States Court of Appeals, Fourth Circuit.

Eric Alan SANDERS, Plaintiff-Appellant, v. LOWE’S HOME CENTERS, LLC, Defendant-Appellee, Equal Employment Opportunity Commission, of Charlotte, NC; John Hayward; Mike Calzareeta; Doug Ford; Rayvon Irby, Defendants.

No. 18-1180

Decided: June 27, 2018

Before NIEMEYER, KING, and WYNN, Circuit Judges. Eric Alan Sanders, Appellant Pro Se.

Eric Alan Sanders seeks to appeal the magistrate judge’s order denying his motion for leave to file a second amended complaint. 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 order Sanders seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Moreover, to the extent Sanders seeks to appeal regarding his “Request for Injunctive Relief,” the magistrate judge cannot rule on motions for injunctive relief, 28 U.S.C. § 636(b)(1)(A) (2012), and the district court has not ruled on that request. Accordingly, we deny Sanders’ pending motions and 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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