Brothers of Wheel M.C. Executive Council, Inc. v. Mollohan , 518 F. App'x 211 ( 2013 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-2461
    BROTHERS OF THE WHEEL M.C. EXECUTIVE COUNCIL, INC., a West
    Virginia Corporation,
    Plaintiff - Appellee,
    v.
    GERALD R. MOLLOHAN,
    Defendant – Appellant,
    and
    JOHN DOES 1 THROUGH 50,
    Defendant.
    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:   April 3, 2013                 Decided:   April 18, 2013
    Before SHEDD and DAVIS, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Gerald R. Mollohan, Appellant Pro Se.       Richard    J.   Lindroth,
    South Charleston, West Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Gerald       R.    Mollohan        seeks      to      appeal      the    district
    court’s order ruling that he is liable to Appellee for damages
    and   ordering     the      parties       to   submit     certain       information,           but
    ordering that no damages would be awarded until the information
    is received and evaluated by the district court.                             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   order
    Mollohan    seeks      to     appeal      is    neither       a   final      order       nor    an
    appealable interlocutory or collateral order.                            See Liberty Mut.
    Ins. Co. v. Wetzel, 
    424 U.S. 737
    , 742 (1976); 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     motions         to    strike.          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
    

Document Info

Docket Number: 12-2461

Citation Numbers: 518 F. App'x 211

Judges: Davis, Hamilton, Per Curiam, Shedd

Filed Date: 4/18/2013

Precedential Status: Non-Precedential

Modified Date: 8/6/2023