-
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2461 BROTHERS OF THE WHEEL M.C. EXECUTIVE COUNCIL, INC., a West Virginia Corporation, Plaintiff -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Gerald R. Mollohan seeks to appeal the district court’s order ruling that he is liable to Appellee for damages and ordering the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Precedential Status: Non-Precedential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