Brothers of the Wheel M.C. Executive Council, Inc. v. Mollohan , 546 F. App'x 188 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1847
BROTHERS OF THE WHEEL M.C. EXECUTIVE COUNCIL, INC., a West
Virginia Corporation,
Plaintiff - Appellant,
v.
GERALD R. MOLLOHAN,
Defendant – Appellee,
and
JOHN DOES 1 through 50,
Defendants.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Thomas E. Johnston,
District Judge. (2:11-cv-00104)
Submitted: October 21, 2013 Decided: November 12, 2013
Before SHEDD and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Richard J. Lindroth, South Charleston, West Virginia, for
Appellant. Gerald R. Mollohan, Appellee Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Appellant seeks to appeal the district court’s orders
awarding nominal monetary damages and denying reconsideration
but leaving its claim for attorneys fees under 15 U.S.C.
§ 1117(a) (2006) unresolved and denying without prejudice
Appellee’s request for final judgment. 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 orders Appellant
seeks to appeal are neither final orders nor appealable
interlocutory or collateral orders. See Carolina Power & Light
Co. v. Dynegy Mktg. & Trade, 415 F.3d 354, 358 (4th Cir. 2005).
Accordingly, we dismiss the appeal for lack of jurisdiction. We
deny Appellee’s pending motions as moot. 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
3