**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 6002** 

AKEEM ALIN

- NAFIS ABDULLAH

- MALIK , Plaintiff

- Appellant ,
v. BRUCE M. BRYANT, et al Sheriff; JAMES F. ARWOOD, et al Jail Administrator; RICHARD L. MARTIN, JR., et al Assistant Jail Administrator; GARY L. DAVIS, et al Security Commander; ALL LISTED AND UNKNOWN AGENTS; BEN HOWLEY, et al Training Lieutenant; CHERYL CUZ MAN, et al Administrative Lieutenant; FRAN C. PLEMMONS, Lieutenant ; RANDY GUIDERY, Classification/ICE 287g; JOHN C. HICKS, Internal Affairs; TAMMY M. DOVER, RN Medical Serv ices Coordinator; SANDRA STERNAL , Dietitian Trinity Food Services Group Oldsmar, Flo rida Contracted thru York County Detention Facility; JT STRAIT, Detention Officer Sergeant; MCMILLIAN, Detention Officer Sergeant; HENSON, Detention Officer Sergeant; TUCKER, Detention Officer Sergeant; PENLAND, Detention Officer; ROBINSON, Detention Offic er; NORRIS, Detention Officer; YOCHEM, Detention Officer; MCMAHAN, Detention Officer; REYNOLDS, Detention Officer; WENDY PLEMMONS; M A GURDRY; YORK COUNTY SHERIFFS OFFICE; YORK COUNTY DETENTION CENTER; SGT MCMILLIAN , Defendants

- Appellees
.

**No. 15**  **- 6540** 

AKEEM ALIN

- NAFIS ABDULLAH

- MALIK , Plaintiff

- Appellant ,
v.2 BRUCE M. BRYANT, et al Sheriff; JAMES F. ARWOOD, et al Jail Administrator; RICHARD L. MARTIN, JR., et al Assistant Jail Administrator; GARY L. DAVIS, et al Security Commander; ALL LISTED AND UNKNOWN AGENTS; BEN HOWLEY, et al Training Lieutenant; CHERYL CUZ MAN, et al Administrative Lieutenant; FRAN C. PLEMMONS, Lieutenant ; RANDY GUIDERY, Classification/ICE 287g; JOHN C. HICKS, Internal Affairs; TAMMY M. DOVER, RN Medical Serv ices Coordinator; SANDRA STERNAL , Dietitian Trinity Food Services Group Oldsmar, Flo rida Contracted thru York County Detention Facility; JT STRAIT, Detention Officer Sergeant; MCMILLIAN, Detention Officer Sergeant; HENSON, Detention Officer Sergeant; TUCKER, Detention Officer Sergeant; PENLAND, Detention Officer; ROBINSON, Detention Offic er; NORRIS, Detention Officer; YOCHEM, Detention Officer; MCMAHAN, Detention Officer; REYNOLDS, Detention Officer; WENDY PLEMMONS; M A GURDRY; YORK COUNTY SHERIFFS OFFICE; YORK COUNTY DETENTION CENTER; SGT MCMILLIAN , Defendants

- Appellees
.

Appeal s from the United States District Court for the District of South Carolina , at Aiken
. R. Bryan Harwell , District Judge. ( 1:14

- cv - 00109

- RBH

- SVH ; 1:14

- cv - 00109

- RBH )

Submitted : June 30, 2015 Decided: July 29, 2015

Before NIEMEYER, MOTZ, and WYNN , Circuit Judges.

No. 15

- 600 2 a ffirmed ; N o. 15

- 6540 a ffirmed in part and dismissed in part by un published per curiam opinion
.
Akeem Alin

- Nafis Abdullah

- Malik , Appellant Pro Se. Robert David Garfield , Andrew Lindemann , DAVIDSON & LINDEMANN, PA , Columbia, South Carolina; Gregory D. Cote , MCCARTER & ENGLISH, LLP , Boston, Massachusetts; Theodore David Rheney , GALLIVAN, WHITE & BOYD, PA, Greenville, South Carolina , for Appellees. Unpublished opinions are not binding precedent in this circuit.3 PER C URIAM: In these consolidated appeals, Akeem Alin

- Nafis Abdullah

Malik appeals the district court ’s order denying his motion for reconsideration and the court’s order adopting as modified the magistrate judge’s report and recommendation and dismissing Abdu llah

- Malik’s 42 U.S.C. § 1983 (2012) civil ri ghts complaint. We have reviewed the district court’s order denying reconsideration and find no abuse of discretion. See Heyman v. M.L. Mktg. Co. , 116 F.3d 91, 94 (4th Cir. 1997) (stating standard of review). Accordingly, we affirm No. 15

- 6002 on the reasoning of the district court. 1 Abdullah

- Malik v. Bryant , No. 1:14

- cv - 00109

- RBH

- SVH (D.S.C. Nov. 19, 2014). In No. 15

- 6540, because Abdullah

- Malik failed to file timely objectio ns to the magistrate judge’s report and recommendation, we dismiss in part. Wells v. Shriners Hosp. , 109 F.3d 198, 201 (4th Cir. 1997). Insofar as the district court concluded that Abdullah

- Malik failed to state a claim

1 T he district court’s order denying Abdullah

- Malik’s motion for reconsideration was an interlocutory order from which no appeal lies . However , Abdullah

- Malik’s appeal from that order is merged into the final judgment and is open to review on his appeal from that judgment. Hellerstein v. Mr. Steak, Inc. , 531 F.2d 470, 474 (10th Cir. 1976) (“The general rule is that an interlocutory order from which no appeal lies is merged into the final judgment and open to review on appeal from that judgment .”). Accordingly, we deny as moot the Appellees’ motion to dismiss.4 against Defendant Sandra Sternal, we affirm for the reasons stated by the court in its March 24, 2015 order. Abdullah

Mali k v. Bryant , No. 1:14

- cv - 00109

- RBH

- SVH (D.S.C. Mar. 24, 2015). We have considered Abdullah

- Malik’s remaining arguments and conclude they are without merit. Accord ingly, in No. 15

- 6002 , we affirm and deny the Appellees’ motion to dismiss as moot , and in No. 15

- 6540, we affirm in part and dismiss in part. 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. No. 15

- 6002 AFFIRMED No. 15

- 6540 AFFIRMED IN PART AND DISMISSED IN PART