Snyder v. Phelps-Roper ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6968
ALBERT SNYDER,
Plaintiff - Appellee,
versus
SHIRLEY L. PHELPS-ROPER; REBEKAH A.
PHELPS-DAVIS,
Defendants - Appellants,
and
FRED W. PHELPS, SR.; JOHN DOES; JANE DOES;
WESTBORO BAPTIST CHURCH, INCORPORATED,
Defendants.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:06-cv-01389-RDB)
Submitted: October 31, 2007 Decided: December 4, 2007
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Shirley L. Phelps-Roper, Rebekah A. Phelps-Davis, Appellants Pro
Se. Sean E. Summers, Paul W. Minnich, Rees Griffiths, BARLEY &
SNYDER, LLC, York, Pennsylvania; Craig T. Trebilcock, SHUMAKER &
WILLIAMS, PC, York, Pennsylvania, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Rebekah A. Phelps-Davis and Shirley L. Phelps-Roper seek
to appeal the district court’s order denying their motion to
dismiss or for summary judgment in Appellee’s civil suit. 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 Phelps-Davis and
Phelps-Roper 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 further deny the
Appellants’ renewed motion for stay, motion for emergency hearing,
and motion for the district court to provide original audio tapes.
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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