Waldo Fenner v. John Umstead Hospital

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1413
WALDO FENNER,
Plaintiff – Appellant,
v.
JOHN UMSTEAD HOSPITAL; SUSAN REGIER,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:09-cv-00977-TDS-LPA)
Submitted: July 25, 2013 Decided: July 29, 2013
Before GREGORY, DAVIS, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Waldo Fenner, Appellant Pro Se. Adam M. Shestak, NORTH CAROLINA
DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Waldo Fenner seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
granting in part and denying in part the Defendants’ motion to
dismiss. 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 Fenner 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.
DISMISSED
2