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dismissing appeal of district court order denying motion for default judgment because order was neither final order nor an appealable interlocutory or collateral order
Summary of this case from Melvin v. Social Security AdministrationOpinion
No. 07-6128.
Submitted: June 8, 2007.
Decided: June 25, 2007.
Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:03-cv-00178-H).
Paul Scinto, Sr., Appellant Pro Se. James Carlton Thornton, Sarah Lynne Ford, Parker, Poe, Adams Bernstein, LLP, Raleigh, North Carolina; Gary Hamilton Clemmons, Chesnutt, Clemmons Peacock, PA, New Bern, North Carolina, for Appellees.
Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Paul Scinto, Sr., seeks to appeal the district court's order denying in part his motion for default judgment. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Scinto seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and deny Appellees' motion to stay. 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.