LeRose v. United States ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1852
JOHN STEVEN LEROSE; REBECCA LAUREN LEROSE-
SWEENEY; FRANK GIGLIOTTI; EUGENE FRANCIS
CONNELLY; RONALD AMATI,
Plaintiffs - Appellants,
versus
UNITED STATES OF AMERICA,
Defendant - Appellee,
and
WILLIAM D. COGER, JR.,
Defendant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (2:03-cv-02372)
Submitted: December 14, 2006 Decided: December 18, 2006
Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eric Bruce Snyder, BAILEY & GLASSER, LLP, Charleston, West
Virginia, for Appellants. Fred B. Westfall, Jr., OFFICE OF THE
UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Steven LeRose, Rebecca Lauren LeRose-Sweeney, Frank
Gigliotti, Eugene Francis Connelly, and Ronald Amati seek to appeal
from the district court’s order entering judgment in favor of the
United States in the Appellants’ lawsuit against the United States
and William Coger, Jr. The claims against Coger are still pending
in the district court. 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 (1949). The order Appellants seek to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we dismiss the appeal for lack of jurisdiction. 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
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