Berkowitz v. United States

U.S. Court of Appeals for the Fourth Circuit
Berkowitz v. United States, 399 F. App'x 781 (4th Cir. 2010)

Berkowitz v. United States

Opinion of the Court

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Robert Alan Berkowitz seeks to appeal the district court’s order denying in part and granting in part the United States’ motion to dismiss some, but not all, of the respondents in his petition to quash summonses issued by the Internal Revenue Service upon third-party record-keepers. 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, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Berkowitz 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.

Reference

Full Case Name
Robert Alan BERKOWITZ v. UNITED STATES of America, The Wachovia Bank, N.A. Bank of Anderson, NA Carecredit, Incorporated-Ge Money Company City of Anderson Blue Cross & Blue Shield of South Carolina Delta Dental Plan of Missouri Cigna Healthcare Benefits, Incorporated Cigna Corporation Metropolitan Life Insurance Company National Technology Leasing Corporation Barton R. Bright, III, a/k/a Chip National Processing Company Global Payments, Incorporated Elavon, Incorporated Chase Paymentech Bank of America Fifth Third Bank Operations Legal Entry MD IMOC2Q First Data Merchant Services Corporation HPSC, Incorporated-GE Healthcare Financial Services Great American Leasing Corporation DF Services, LLC, and Patterson Dental Supply, Incorporated
Status
Published