Waldo Fenner v. John Umstead Hospital

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-00977-TDS-LPA Copies to all parties and the district court/agency. [999160774]. Mailed to: Waldo Fenner. [13-1413]

Appeal: 13-1413

Doc: 9

Filed: 07/29/2013

Pg: 1 of 2

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-1413

Doc: 9

Filed: 07/29/2013

Pg: 2 of 2

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,

54(b); Cohen

v.

545-46 (1949).

28

U.S.C.

Beneficial

§ 1292

Indus.

(2006);

Loan

Fed.

Corp.,

337

R.

Civ.

U.S.

P.

541,

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.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

DISMISSED

2