U.S. Court of Appeals for the Fourth Circuit, 2006

Bennett v. Bay View Bank

Bennett v. Bay View Bank
U.S. Court of Appeals for the Fourth Circuit · Decided February 28, 2006 · King, Niemeyer, Widener
172 F. App'x 486

Bennett v. Bay View Bank

Opinion of the Court

PER CURIAM:

Bruce Bennett, Sr., seeks to appeal the magistrate judge’s order granting the Appellees’ motion to include a bankruptcy court order in the record on appeal. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Bennett seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Bennett’s motion to proceed on appeal in forma pauperis and 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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