Mayes v. Tippens

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 22, 2010
• Docket: 10-2254
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-2254

DEBRA MAYES,

Plaintiff – Appellant,

v.

RENEE TIPPENS,

Defendant – Appellee,

and

GRAPHIC PACKAGING INTERNATIONAL,

Defendant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., Chief District Judge. (3:10-cv-00410-RJC-DSC)

Submitted: December 9, 2010 Decided: December 22, 2010

Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Debra Mayes, Appellant Pro Se. Mason Gardner Alexander, Jr., FISHER & PHILLIPS, LLP, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Debra Mayes seeks to appeal the district court’s order

denying reconsideration of its order adopting the recommendation

of the magistrate judge and granting Defendant Renee Tippens’s

motion to dismiss the claims against Tippens. 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 (1949). The order Mayes

seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. 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 the court and argument would not aid the

decisional process.

DISMISSED