Pamela Melvin v. SSA

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for stay pending appeal [998437631-2] Originating case number: 5:09-cv-00235-FL Copies to all parties and the district court/agency. [998449286] [10-1577]

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Pamela Melvin v. SSA Doc. 0 Case: 10-1577 Document: 26 Date Filed: 10/20/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1577 PAMELA MELVIN, Plaintiff Appellant, v. SOCIAL SECURITY ADMINISTRATION; UNITED STATES OF AMERICA, Defendants Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:09-cv-00235-FL) Submitted: October 14, 2010 Decided: October 20, 2010 Before MOTZ, KING, and DAVIS, Circuit Judges. Dismissed in part; affirmed in part by unpublished per curiam opinion. Pamela Melvin, Appellant Pro Se. Edward D. Gray, Assistant United States Attorney, Raleigh, North Carolina; Marian Ashley Harder, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-1577 Document: 26 Date Filed: 10/20/2010 Page: 2 PER CURIAM: Pamela Melvin seeks to appeal the dismissal of some, but not all, of her civil claims, based upon the recommendation of the magistrate judge, as well as her motion for preliminary injunctive relief. over final orders, This court may exercise jurisdiction only 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 portion of the district court's order dismissing some, but not all, of Melvin's claims is neither a final order nor an appealable we dismiss interlocutory that portion or of collateral order. Accordingly, Melvin's appeal for lack of jurisdiction. As injunctive for the we denial have Melvin's reviewed motion the for preliminary and find no relief, record reversible error. Accordingly, we affirm for the reasons stated Melvin v. Soc. Sec. Admin., No. 5:09-cvWe deny Melvin's motion for by the district court. 00235-FL (E.D.N.C. May 13, 2010). stay pending appeal and dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials would decisional process. DISMISSED IN PART; AFFIRMED IN PART 2

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