Filed: May 04, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2428 KIMBERLY T. SPENCE, f/k/a Kimberly S. Willis, Plaintiff - Appellant, and WILLIAM M. WINDSOR, Plaintiff, v. CARL J. WILLIS, II, Defendant - Appellee, and WELLSTAR MEDICAL GROUP PEDIATRIC & ADOLESCENT CENTER; ROMAN CATHOLIC CHURCH CARDINALS, of Atlanta; ROMAN CATHOLIC ARCHDIOCESE, of Atlanta; ST. JOHN THE EVANGELIST CATHOLIC SCHOOL AND LEADERSHIP; UNITED METHODIST CHURCH BISHOPS; BEN HILL UNITED METHODIST CHURCH; BEN HIL
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2428 KIMBERLY T. SPENCE, f/k/a Kimberly S. Willis, Plaintiff - Appellant, and WILLIAM M. WINDSOR, Plaintiff, v. CARL J. WILLIS, II, Defendant - Appellee, and WELLSTAR MEDICAL GROUP PEDIATRIC & ADOLESCENT CENTER; ROMAN CATHOLIC CHURCH CARDINALS, of Atlanta; ROMAN CATHOLIC ARCHDIOCESE, of Atlanta; ST. JOHN THE EVANGELIST CATHOLIC SCHOOL AND LEADERSHIP; UNITED METHODIST CHURCH BISHOPS; BEN HILL UNITED METHODIST CHURCH; BEN HILL..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-2428
KIMBERLY T. SPENCE, f/k/a Kimberly S. Willis,
Plaintiff - Appellant,
and
WILLIAM M. WINDSOR,
Plaintiff,
v.
CARL J. WILLIS, II,
Defendant - Appellee,
and
WELLSTAR MEDICAL GROUP PEDIATRIC & ADOLESCENT CENTER;
ROMAN CATHOLIC CHURCH CARDINALS, of Atlanta; ROMAN CATHOLIC
ARCHDIOCESE, of Atlanta; ST. JOHN THE EVANGELIST CATHOLIC
SCHOOL AND LEADERSHIP; UNITED METHODIST CHURCH BISHOPS;
BEN HILL UNITED METHODIST CHURCH; BEN HILL CHRISTIAN
ACADEMY; WOODWARD ACADEMY; GEORGIA FARM BUREAU
MUTUAL INSURANCE COMPANY; GEORGIA FARM BUREAU CASUALTY
INSURANCE COMPANY; CREATE-A-LOAD KENNESAW; REUNION
PLACE SUBDIVISION; PAT ASTRIN; RE/MAX OF GEORGIA; PAT ASTRIN
PROPERTY MANAGEMENT LLC; CHELSEA BYNUM; MIA NICOLE
SPENCER; MAID OF THE MIST CORPORATION; SEAN M. BOUSHIE;
UNIVERSITY OF MONTANA; UNITED STATES OF AMERICA,
Defendants.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, Chief District Judge. (5:17-cv-00272-D)
Submitted: March 13, 2018 Decided: May 4, 2018
Before NIEMEYER, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kimberly T. Spence, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
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 (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
3