Wilson v. PNC Bank, N.A.

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 1, 2009
• Docket: 09-1000
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1000

PAUL WHITE WILSON,

Plaintiff - Appellant,

v.

PNC BANK, N.A.; RONALD D. FOXWORTH,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (5:08-cv-00388-H)

Submitted: August 26, 2009 Decided: September 1, 2009

Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Paul White Wilson, Appellant Pro Se. Paul S. Holscher, CRANFILL, SUMNER & HARTZOG, LLP, Raleigh, North Carolina; Robert Cowan deRosset, IV, YOUNG, MOORE & HENDERSON, PA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Paul White Wilson seeks to appeal the district court’s

order granting a stay of discovery pending the parties’ motions

to dismiss. 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

(1949). The order Wilson seeks to appeal is neither a final

order nor an appealable interlocutory or collateral order.

Accordingly, we deny Wilson’s motion to supplement the record

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