William Davis, Jr. v. Charlotte Mitchel ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2552
WILLIAM SCOTT DAVIS, JR., as next best friend to his
daughter J.F.D., a minor; J.F.D., a minor,
Plaintiffs - Appellants,
v.
CHARLOTTE MITCHEL, individually and as Guardian Ad Litem of
J.F.D., appointed by the Court; WENDY KIRWAN, individually
and as Supervisor Wake County N.C. Guardian Ad Litem
Program; NAOMIE LIVINGSTON, Individually and as Director
Wake County NC Guardian Ad Litem Program and all staff
individually and in their official capacities as program
managers, superiors and Advocate Attorneys for the Wake
County NC 10th Judicial District Guardian Ad Litem Program;
JANE VOLLAND, Individually, and as Director of the State of
North Carolina Ad Litem; BEVERLY PERDUE, individually and as
Governor of the State of North Carolina; NANCY BERSON,
individually and as Child and Family for UNC School of
Medicine Program on Childhood Trauma and Maltreatment;
ANTHONY HAL MORRIS, Individually and in their official
capacities as Advocate Attorneys for the Wake County N.C.
Guardian Ad Litem Program; RICHARD CROUTHARMEL, Individually
and in their official capacities as Advocate Attorneys; for
the Wake County N.C. Guardian Ad Litem Program; SUSAN F.
VICK, Individually and in their official capacities as
Advocate Attorneys; for the Wake County N.C. Guardian Ad
Litem Program; REGINALD O'ROURKE, Individually and in their
official capacities as Advocate Attorneys; for the Wake
County N.C. Guardian Ad Litem Program; MELLONNEE KENNEDY,
Individually and in their official capacities as Advocate
Attorneys; for the Wake County N.C. Guardian Ad Litem
Program; CARRIE FLATT, Individually and in their official
capacities, as Program Supervisors for the Wake County, N.C.
Guardian Ad Litem Program; FONDA LYONS-COUSAR; MARGARET
HERTZLER, individually and in their official capacities, as
Program Supervisors for the Wake County, N.C. Guardian Ad
Litem Program; CHERYL HANES, Individually and in their
official capacities, as Program Supervisors for the Wake
County, N.C. Guardian Ad Litem Program,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:12-cv-00493-F)
Submitted: May 30, 2013 Decided: June 4, 2013
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Scott Davis, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
William Scott Davis, Jr., seeks to appeal the district
court’s order staying the case pending this court’s judgment on
Davis’ prior interlocutory notice of appeal. 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 Davis
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 deny Davis’ motions for
appointment of counsel. 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
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