Pamela Melvin v. SSA

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1577 PAMELA MELVIN, Plaintiff ­ Appellant, v. SOCIAL SECURITY ADMINISTRATION; UNITED STATES OF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 Dismissed in part; affirmed in part by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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