Ryan McFadyen v. Linwood Wilson
This text of 585 F. App'x 135 (Ryan McFadyen v. Linwood Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Linwood Wilson seeks to appeal the district court’s order dismissing two claims against him and denying his motion for sanctions. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); 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 the order did not dispose of all claims against all parties, it is not a final order. See Robinson v. Parke-Davis & Co., 685 F.2d 912, 913 (4th Cir.1982) (per curiam). Nor is it an appealable interlocutory or collateral order. Accordingly, we deny appellant’s motion to proceed 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 this court and argument would not aid the decisional process.
DISMISSED.
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585 F. App'x 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-mcfadyen-v-linwood-wilson-ca4-2014.