LeRose v. United States

U.S. Court of Appeals for the Fourth Circuit

LeRose v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-1852

JOHN STEVEN LEROSE; REBECCA LAUREN LEROSE- SWEENEY; FRANK GIGLIOTTI; EUGENE FRANCIS CONNELLY; RONALD AMATI,

Plaintiffs - Appellants,

versus

UNITED STATES OF AMERICA,

Defendant - Appellee,

and

WILLIAM D. COGER, JR.,

Defendant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:03-cv-02372)

Submitted: December 14, 2006 Decided: December 18, 2006

Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion. Eric Bruce Snyder, BAILEY & GLASSER, LLP, Charleston, West Virginia, for Appellants. Fred B. Westfall, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John Steven LeRose, Rebecca Lauren LeRose-Sweeney, Frank

Gigliotti, Eugene Francis Connelly, and Ronald Amati seek to appeal

from the district court’s order entering judgment in favor of the

United States in the Appellants’ lawsuit against the United States

and William Coger, Jr. The claims against Coger are still pending

in the district court. This court may exercise jurisdiction only

over final orders,

28 U.S.C. § 1291

(2000), and certain

interlocutory and collateral orders,

28 U.S.C. § 1292

(2000); Fed.

R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,

337 U.S. 541

(1949). The order Appellants seek to appeal is neither a final

order nor an appealable interlocutory or collateral order.

Accordingly, we dismiss the appeal for lack of jurisdiction. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

DISMISSED

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Reference

Status
Unpublished