Daryl Green v. 1900 Capital Trust II ( 2021 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 20-1833
    DARYL A. GREEN,
    Debtor - Appellant,
    v.
    1900 CAPITAL TRUST II, BY U.S. BANK TRUST NEWREZ LLC, d/b/a
    Shellpoint Mortgage Servicing,
    Creditor - Appellee.
    Appeal from the United States District Court for the District of Maryland, at Greenbelt.
    Theodore D. Chuang, District Judge. (8:19-cv-02270-TDC)
    Submitted: January 19, 2021                                       Decided: January 21, 2021
    Before AGEE, WYNN, and DIAZ, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Daryl A. Green, Appellant Pro Se. Elizabeth Marian Abood-Carroll, ORLANS PC, Troy,
    Michigan, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Daryl A. Green appeals the district court’s order affirming in part the bankruptcy
    court’s order overruling his objections to Appellee’s proof of claim, vacating that order in
    part, and remanding to the bankruptcy court for further proceedings. This court may
    exercise jurisdiction only over final orders, 
    28 U.S.C. § 1291
    , and certain interlocutory and
    collateral orders, 
    28 U.S.C. § 1292
    ; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
    Corp., 
    337 U.S. 541
     (1949). The order Green seeks to appeal is neither a final order nor
    an appealable interlocutory or collateral order. See In re The Wallace & Gale Co., 
    72 F.3d 21
    , 24 (4th Cir. 1995) (“District court orders remanding cases to the bankruptcy court for
    further consideration are not, ordinarily, final orders.”). 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.
    DISMISSED
    2
    

Document Info

Docket Number: 20-1833

Filed Date: 1/21/2021

Precedential Status: Non-Precedential

Modified Date: 1/21/2021