Joseph Michael Griffith v. D. Clark

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999063077-2] Originating case number: 5:11-ct-03209-FL Copies to all parties and the district court/agency. [999074388]. Mailed to: Joseph Michael Griffith. [13-6049]

Appeal: 13-6049

Doc: 15

Filed: 03/28/2013

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6049

JOSEPH MICHAEL GRIFFITH,
Plaintiff – Appellant,
v.
CAPTAIN D. CLARK; OFFICER WHIDPEE; CAPTAIN CASTELLO; JOHN
DOE; OFFICER RUSSELL; SGT. BOYD,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:11-ct-03209-FL)

Submitted:

March 25, 2013

Decided:

March 28, 2013

Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Joseph Michael Griffith, Appellant Pro Se. Peter Andrew
Regulski, Assistant Attorney General, Raleigh, North Carolina,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-6049

Doc: 15

Filed: 03/28/2013

Pg: 2 of 2

PER CURIAM:
Joseph Michael Griffith seeks to appeal the district
court’s

order

denying

his

motion

for

default

judgment

and

granting Defendants’ motions for extension of time and for leave
to

file

the

answer

instanter.

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).
seeks

to

appeal

is

neither

a

final

interlocutory or collateral order.
appeal for lack of jurisdiction.

order

The order Griffith
nor

an

appealable

Accordingly, we dismiss the

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.

The motion to dismiss the appeal is

granted.
DISMISSED

2