Davis v. Community Development Personnel

U.S. Court of Appeals for the Fourth Circuit
Davis v. Community Development Personnel, 358 F. App'x 397 (4th Cir. 2009)

Davis v. Community Development Personnel

Opinion of the Court

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Wayne L. Davis seeks to appeal the district court’s order dismissing his complaint without prejudice. 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 Davis seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir. 1993).

Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Davis’s mo*398tion to reconsider our previous order denying his motion for stay pending appeal. 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.

Reference

Full Case Name
Wayne L. DAVIS v. COMMUNITY DEVELOPMENT PERSONNEL Rachel O'Dwyer Flynn Art Dahlberg Farral Henderson Bonnie Friedman Roy W. Eidem Alan W. McMaham Dyett Ellis Michelle Coward Keisha Stephenson Dwight C. Jones, Mayor, City of Richmond Timothy Kaine, Governor William C. Shelton, State Director, the Jackson Center Norman B. Sales, Richmond City Attorney Gregory A. Lukanuski, Assistant Attorney, Office of the City Attorney Bill Mims, Attorney General
Status
Published