Charles Birks v. Keith Park

Filing 920090120


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2074 CHARLES W. BIRKS, Plaintiff - Appellant, v. KEITH F. PARK, Esquire; COUGHLIN STOIA GELLER RUDMAN ROBBINS LLP; THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendants - Appellees. & Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:07-cv-00742) Submitted: December 29, 2008 Decided: January 20, 2009 Before NIEMEYER, MICHAEL, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Charles W. Birks, Appellant Pro Se. Kathy Dawn Patrick, GIBBS & BRUNS, LLP, Houston, Texas, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles W. Birks seeks to appeal the district court's order adopting the recommendation of the magistrate judge and transferring Birks's action to the United States District Court for the Southern may District of Texas, only Houston over Division. final This 28 court exercise jurisdiction orders, U.S.C. 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Birks seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we grant Appellees' motion to dismiss the appeal for lack of jurisdiction and deny as moot Birks's motion for injunctive the facts relief. and We legal dispense with oral argument because contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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