James Rose v. Greenbrier Chrysler ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1209
JAMES A. ROSE,
Plaintiff - Appellant,
v.
GREENBRIER CHRYSLER,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:10-cv-00553-RAJ-FBS)
Submitted: July 28, 2011 Decided: August 1, 2011
Before SHEDD, AGEE, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James A. Rose, Appellant Pro Se. Susan Childers North, LECLAIR
RYAN, PC, Williamsburg, Virginia; Nancy Blackburn Sasser,
LECLAIR RYAN, PC, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James A. Rose appeals the district court’s order
dismissing his civil action without prejudice, pursuant to Fed.
R. Civ. P. 12(b)(6), for failure to state a claim. 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 (1949). The order
Rose seeks to appeal is neither a final order nor an appealable
interlocutory or collateral order. See Domino Sugar Corp. v.
Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir.
1993). 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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