Joseph Griffith v. D. Clark ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6049
JOSEPH MICHAEL GRIFFITH,
Plaintiff – Appellant,
v.
CAPTAIN D. CLARK; OFFICER WHIDPEE; CAPTAIN CASTELLO; JOHN
DOE; OFFICER RUSSELL; SGT. BOYD,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:11-ct-03209-FL)
Submitted: March 25, 2013 Decided: March 28, 2013
Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Joseph Michael Griffith, Appellant Pro Se. Peter Andrew
Regulski, Assistant Attorney General, Raleigh, North Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph Michael Griffith seeks to appeal the district
court’s order denying his motion for default judgment and
granting Defendants’ motions for extension of time and for leave
to file the answer instanter. 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 Griffith
seeks 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 this court and argument would not aid
the decisional process. The motion to dismiss the appeal is
granted.
DISMISSED
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