Homesite Insurance Company v. Kyle Raley

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-00199-CMH-TCB. Copies to all parties and the district court. [999613067]. [14-2207]

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Appeal: 14-2207 Doc: 25 Filed: 07/01/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2207 HOMESITE INSURANCE COMPANY, Plaintiff – Appellee, v. KYLE RALEY, Defendant – Appellant, and PATRICK STAPLETON; MIKAL STAPLETON, Defendants. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:14-cv-00199-CMH-TCB) Submitted: June 19, 2015 Decided: July 1, 2015 Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Mark T. Foley, SASSCER, CLAGETT & BUCHER, Upper Marlboro, Maryland, for Appellant. Robert M. Hardy, JORDAN COYNE LLP, Fairfax, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 14-2207 Doc: 25 Filed: 07/01/2015 Pg: 2 of 2 PER CURIAM: Kyle Raley seeks to appeal the district court’s order granting default judgment against his co-defendants. This court may 28 exercise jurisdiction only over final orders, U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). v. The order Raley seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. The case is still ongoing no against Raley, as there has been order entered dismissing him from the suit or entering judgment for or against him. Accordingly, jurisdiction. we dismiss the appeal for lack of 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. DISMISSED 2

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