U.S. Court of Appeals for the Fourth Circuit, 2009

Witherspoon v. Holwager

Witherspoon v. Holwager
U.S. Court of Appeals for the Fourth Circuit · Decided August 26, 2009 · Hamilton, Michael, Wilkinson
332 F. App'x 105

Witherspoon v. Holwager

Opinion of the Court

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Winfred Witherspoon seeks to appeal the district court’s order denying his “refiled motion for leave to file an amended complaint.” This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); 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 Witherspoon seeks 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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