Clinton Brinson v. Fred Smith Company

USCA4 Appeal: 22-2317 Doc: 11 Filed: 04/27/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-2317
CLINTON BRINSON,
Plaintiff - Appellant,
v.
FRED SMITH COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:22-cv-00197-D)
Submitted: April 25, 2023 Decided: April 27, 2023
Before GREGORY, Chief Judge, THACKER, Circuit Judge, and MOTZ, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Clinton Brinson, Appellant Pro Se. Dalton Blair Green, OGLETREE DEAKINS NASH
SMOAK & STEWART, PC, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-2317 Doc: 11 Filed: 04/27/2023 Pg: 2 of 2
PER CURIAM:
Clinton Brinson has filed a notice of appeal in his civil action against Fred Smith
Company alleging violations of the Fair Labor Standards Act. 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, 545-46 (1949). Review of the docket confirms that, at the time
Brinson filed his notice of appeal, his action was still pending in the district court, and
Brinson does not otherwise identify an appealable interlocutory or collateral order from
which he wishes to appeal. 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