U.S. Court of Appeals for the Fourth Circuit, 2010

Sturdivant v. Kone Incorporated

Sturdivant v. Kone Incorporated
U.S. Court of Appeals for the Fourth Circuit · Decided April 12, 2010 · Duncan, Niemeyer, Per Curiam, Wilkinson
379 F. App'x 279

Sturdivant v. Kone Incorporated

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Carl Thomas Sturdivant seeks to appeal the district court’s orders: denying his motion for judicial disqualification and/or recusal; dismissing his appeal of an order granting the Defendant’s motion to compel; and denying his motion to amend the 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 Sturdivant seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny the motion for stay pending appeal 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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