Bennett v. Bay View Bank

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-2028

In Re: BRUCE BENNETT, SR.,

Debtor.

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BRUCE BENNETT, SR.,

Debtor - Appellant, versus

BAY VIEW BANK; HFTA FIRST FINANCIAL; MANUFACTURERS & TRADERS TRUST COMPANY, as trustee for Securitization Series 1997-3 Agreement dated 6/12/97,

Creditors - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. C. Weston Houck, Senior District Judge; Robert S. Carr, Magistrate Judge. (CA-04-23129-2-CWH; BK- 04-09737-WB)

Submitted: February 23, 2006 Decided: February 28, 2006

Before WIDENER, NIEMEYER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bruce Bennett, Sr., Appellant Pro Se. Weston Adams, III, MCANGUS, GOUDELOCK & COURIE, L.L.P., Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Bruce Bennett, Sr., seeks to appeal the magistrate

judge’s order granting the Appellees’ motion to include a

bankruptcy court order in the record on appeal. This court may

exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(2000), and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The order Bennett seeks to appeal

is neither a final order nor an appealable interlocutory or

collateral order. Accordingly, we deny Bennett’s motion to proceed

on appeal in forma pauperis and 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

the court and argument would not aid the decisional process.

DISMISSED

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