Terron Dizzley v. Tonya James

USCA4 Appeal: 25-6343 Doc: 11 Filed: 12/02/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-6343 TERRON GERHARD DIZZLEY, Petitioner - Appellant, v. TONYA JAMES; JOEL ANDERSON, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. William Stevens Brown, V, Magistrate Judge. (8:25-cv-01093-JD) Submitted: November 25, 2025 Decided: December 2, 2025 Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Terron Gerhard Dizzley, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6343 Doc: 11 Filed: 12/02/2025 Pg: 2 of 2 PER CURIAM: Terron Gerhard Dizzley seeks to appeal the magistrate judge’s report recommending that the district court deny Dizzley’s 28 U.S.C. § 2254 petition. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Dizzley seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Furthermore, the doctrine of “cumulative finality”—which “authorizes us to exercise appellate jurisdiction where all claims as to all parties are disposed of while the appeal is pending, and where the district court could have certified the challenged order for immediate appeal pursuant to Federal Rule of Civil Procedure 54(b),” Williamson v. Stirling, 912 F.3d 154, 170 (4th Cir. 2018)— does not cure this jurisdictional defect. 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 2