McKnight v. Poirel ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-1988
JESSEE MCKNIGHT,
Plaintiff - Appellant,
versus
RUBY POIREL,
Defendant - Appellee,
and
WALTER ROBINSON, t/a Calvert Realty Company,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.
(CA-97-3889-JFM)
Submitted: January 19, 1999 Decided: February 18, 1999
Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Saul E. Kerpelman, LAW OFFICE OF SAUL E. KERPELMAN, Baltimore,
Maryland, for Appellant. Sean D. Hummel, Thomas K. Lehrich,
Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant Jessee McKnight appeals the district court’s order
rescinding a previous order that granted McKnight leave to amend
his complaint to add a non-diverse party. We dismiss the appeal
for lack of jurisdiction because the order is not appealable. This
court may exercise jurisdiction only over final orders, 28 U.S.C.
§ 1291 (1994), and certain interlocutory and collateral orders, 28
U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is
neither a final order nor an appealable interlocutory or collateral
order. See Able v. Upjohn Co., 829 F.2d 1330, 1333-334 (4th Cir.
1987), overruled on other grounds by Caterpillar Inc. v. Lewis, 519
U.S. 61, 74 n.11 (1996); Melancon v. Texaco, Inc., 659 F.2d 551,
552-53 (5th Cir. Unit A Oct. 1981).
We therefore grant the Appellee’s motion to dismiss the appeal
as interlocutory. We also grant Appellee’s motion to submit the
case on the briefs because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process. We deny Appellee’s motion
for damages pursuant to Fed. R. App. P. 38.
DISMISSED
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