Select Financial LLC v. Penland

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1681

SELECT FINANCIAL LLC,

Plaintiff - Appellee,

versus

CHARLES W. PENLAND, Guardian ad Litem Jean Bradley,

Defendant - Appellant,

and

JEAN BRADLEY, Guardian ad Litem; PENCO, INCORPORATED,

Defendants,

PENLAND FINANCIAL SERVICES, INC.,

Defendant & Third Party Plaintiff,

UNITED STATES OF AMERICA,

Third Party Defendant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. G. Ross Anderson, Jr., District Judge. (7:05-cv-02647-GRA)

Submitted: January 17, 2008 Decided: January 22, 2008

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles W. Penland, Sr., Appellant Pro Se. Kenneth C. Anthony, Jr., KNIE, WHITE & ANTHONY, Spartanburg, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

- 2 - PER CURIAM:

Charles W. Penland appeals the district court’s order

denying his motion to dismiss. 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 Penland 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 also deny Penland’s motion for an order directing

District Court Judge Anderson to recuse himself from further

proceedings in this matter and his motion for general relief. 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

- 3 -