Perkins v. Smith — Fourth Circuit dismissed premature appeal for lack of jurisdiction

Case
Thomas Perkins v. Marcus Smith
Court
U.S. Court of Appeals for the Fourth Circuit
Judge
King; Agee; Rushing
Date Decided
October 13, 2026
Docket No.
26-2050
Topics
Appellate Jurisdiction, Finality, Magistrate Judges
Source
Read the full opinion

Background

Thomas Perkins, proceeding pro se on behalf of Yoshiko Marchbanks, filed a civil action against numerous governmental officials, entities, and other defendants in the District of South Carolina.

While that action remained pending, Perkins sought Fourth Circuit review of a magistrate judge’s proper-form order, report and recommendation, and another order. He also moved to extend the time to file a disclosure statement.

The Court’s Holding

The Fourth Circuit dismissed the appeal for lack of jurisdiction. The court explained that its jurisdiction extends to final orders under 28 U.S.C. § 1291 and certain interlocutory and collateral orders under 28 U.S.C. § 1292, Federal Rule of Civil Procedure 54(b), and the collateral-order doctrine.

The magistrate judge’s challenged rulings were neither final orders nor appealable interlocutory or collateral orders. The court also denied Perkins’s motion for additional time to file a disclosure statement and dispensed with oral argument.

Key Takeaways

  • A magistrate judge’s proper-form order and report and recommendation ordinarily do not constitute final, immediately appealable decisions.
  • An appeal must fall within the final-judgment rule or a recognized category of appealable interlocutory or collateral orders.
  • The dismissal was jurisdictional and did not resolve the merits of Perkins’s pending civil action.

Why It Matters

The decision underscores that litigants generally must await a final district-court judgment before appealing. Recommendations and procedural orders issued by a magistrate judge ordinarily must first proceed through district-court review.

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