Stephen Yelverton v. Phyllis Edmundson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999703077-2]. Originating case number: 5:15-cv-00134-F. Copies to all parties and the district court. [999785626]. [15-2342]

Appeal: 15-2342

Doc: 18

Filed: 03/31/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2342

STEPHEN THOMAS YELVERTON, as Assignee of the claims of Wade
H. Atkinson, Jr.,
Plaintiff - Appellant,
v.
PHYLLIS Y. EDMUNDSON; YELVERTON FARMS, LTD.,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:15-cv-00134-F)

Submitted:

March 29, 2016

Decided:

March 31, 2016

Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Stephen Thomas Yelverton, Appellant Pro Se.
Sullivan, WHITE & ALLEN, PA, Kinston, North
Appellees.

Matthew Scott
Carolina, for

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-2342

Doc: 18

Filed: 03/31/2016

Pg: 2 of 2

PER CURIAM:
Stephen Thomas Yelverton seeks to appeal the district court’s
order denying his motion for leave to file a second amended
complaint.

This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).
The order Yelverton seeks to appeal is neither a final order nor
an appealable interlocutory or collateral order.
grant

Appellees’

jurisdiction.

motion

to

dismiss

the

Accordingly, we

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