Lee v. Gurney

361 F. App'x 506

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 22, 2010
• Docket: 09-7998
• Status: Unpublished

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Lee, Jr., seeks to appeal the district court’s grant of summary judgment in favor of defendants Patrick Gurney, Fred Schilling, and Harvard Stephens. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because proceedings are ongoing as to one defendant in the district court, and the district court did not direct entry of judgment as to the other parties pursuant to Fed.R.Civ.P. 54(b), the order Lee seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Robinson v. Parke-Davis & Co., 685 F.2d 912, 913 (4th Cir.1982). Accordingly, we deny Lee’s motion to appoint counsel, 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.