Armando Zulveta v. TC Unlimited Inc

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999950177-2] Originating case number: 6:15-cv-02880-HMH-KFM Copies to all parties and the district court/agency. [999992594]. Mailed to: appellant. [16-2078]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-2078

ARMANDO DESPAIGNE ZULVETA,
Plaintiff - Appellant,
v.
TC UNLIMITED INC; TIM CASE,
Defendants – Appellees,
and
STATE AUTOMOBILE MUTUAL INSURANCE COMPANY; PHILPOT LAW FIRM PA;
STEADMAN HAWKINS CLINIC OF THE CAROLINAS; WILSON JONES CARTER &
BAXLEY PA; ROBERT P. RESTREPO, JR.; STEPHEN R. BRUNER; IRVIN H.
PHILPOT, III; CURTIS ELLIOT; WESLEY J. SHULL,
Defendants.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:15-cv-02880-HMH-KFM)

Submitted:

December 20, 2016

Decided:

December 22, 2016

Before GREGORY, Chief Judge, and WYNN and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

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Armando Despaigne Zulveta, Appellant Pro Se.
Timothy Alan
Domin, CLAWSON & STAUBES, LLC, Charleston, South Carolina, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Armando

Despaigne

Zulveta

appeals

scheduling order in his civil action.

the

district

court’s

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 Zulveta

seeks

nor

to

appeal

interlocutory

is

or

neither

collateral

a

final

order

order.

an

appealable

Additionally,

although

Zulveta seeks to appeal the district court’s orders adopting the
magistrate
motion

to

judge’s
file

a

default

judgment,

claims

against

dismissed

recommendations
late
and

answer,
to

several

Zulveta’s

to

to

grant

grant

deny

interlocutory

Defendants’

Zulveta’s

motions

Defendants,

two

to

this

appeal

of

dismiss
court
those

motion

for

Zulveta’s
previously
orders

for

lack of jurisdiction, Zulveta v. State Auto. Mut. Ins., No. 152561, 2016 WL 4394543, at *1 (4th Cir. Aug. 18, 2016), and
another appeal would be not only interlocutory but duplicative.
Accordingly, we deny leave to proceed in forma pauperis and
dismiss the appeal for lack of jurisdiction.
oral

argument

because

the

facts

3

and

legal

We dispense with
contentions

are

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adequately

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presented

in

the

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materials

before

this

court

and

argument would not aid the decisional process.

DISMISSED

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