Filed: Jul. 28, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1264 CARL E. MCADOO, as Executor of the Estate of Charles Raford McAdoo, Sr., Plaintiff – Appellant, v. UNITED STATES OF AMERICA; SONNY W. TUCKER, JR., Dr.; SANDY F. PIERCE, PA; RUTHERFORD COUNTY DEPARTMENT OF SOCIAL SERVICES; JOHN CARROLL; VIC MARTIN; ANN PADGETT; JOYCE ANN NASH, all individuals sued in official and personal capacity, all defendants sued jointly and severally, Defendants - Appellees. Appeal from the United
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1264 CARL E. MCADOO, as Executor of the Estate of Charles Raford McAdoo, Sr., Plaintiff – Appellant, v. UNITED STATES OF AMERICA; SONNY W. TUCKER, JR., Dr.; SANDY F. PIERCE, PA; RUTHERFORD COUNTY DEPARTMENT OF SOCIAL SERVICES; JOHN CARROLL; VIC MARTIN; ANN PADGETT; JOYCE ANN NASH, all individuals sued in official and personal capacity, all defendants sued jointly and severally, Defendants - Appellees. Appeal from the United ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1264
CARL E. MCADOO, as Executor of the Estate of Charles Raford
McAdoo, Sr.,
Plaintiff – Appellant,
v.
UNITED STATES OF AMERICA; SONNY W. TUCKER, JR., Dr.; SANDY
F. PIERCE, PA; RUTHERFORD COUNTY DEPARTMENT OF SOCIAL
SERVICES; JOHN CARROLL; VIC MARTIN; ANN PADGETT; JOYCE ANN
NASH, all individuals sued in official and personal
capacity, all defendants sued jointly and severally,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:12-cv-00328-MR-DLH)
Submitted: July 24, 2014 Decided: July 28, 2014
Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Carl E. McAdoo, Appellant Pro Se. Allison C. Carroll, Paul
Bradford Taylor, OFFICE OF THE UNITED STATES ATTORNEY,
Asheville, North Carolina; Sean Francis Perrin, WOMBLE CARLYLE
SANDRIDGE & RICE, PLLC, Charlotte, North Carolina; John E.
Rogers, II, WARD LAW FIRM, PA, Spartanburg, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Carl E. McAdoo seeks to appeal the district court’s
order dismissing without prejudice his action seeking to
prosecute the claims of a decedent’s estate. The district court
dismissed for failure to obtain counsel as directed by the
magistrate judge. 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 (1949). The order McAdoo seeks to appeal
is neither a final order nor an appealable interlocutory or
collateral order, as McAdoo may be able to save his action by
obtaining counsel. Domino Sugar Corp. v. Sugar Workers Local
Union 392,
10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly,
we 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
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