Givens v. Main Street Financial Services

U.S. Court of Appeals for the Fourth Circuit

Givens v. Main Street Financial Services

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1919

GREG GIVENS,

Plaintiff – Appellant,

v.

MAIN STREET FINANCIAL SERVICES CORPORATION, Holding company for Main Street Bank; REBECCA RANDOLPH; RICHARD LUCAS; WILLIAM CRISWELL; KEVIN GESSLER; KEITH C. GAMBLE; PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC; CITY OF WHEELING, West Virginia, individually and collectively,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:10-cv-00027-FPS-JSK)

Submitted: January 13, 2011 Decided: January 18, 2011

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Greg Givens, Appellant Pro Se. Keith C. Gamble, PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Morgantown, West Virginia; Lee Murray Hall, Arnold John Janicker, Nathaniel Adam Kuratomi, JENKINS FENSTERMAKER, PLLC, Huntington, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Greg Givens seeks to appeal the district court’s order

denying his motion to change venue. 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

(1949). The order Givens 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 deny Givens’ motion to

strike. 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

2

Reference

Status
Unpublished