U.S. Court of Appeals for the Fourth Circuit, 2015

Homesite Insurance Company v. Kyle Raley

Homesite Insurance Company v. Kyle Raley
U.S. Court of Appeals for the Fourth Circuit · Decided July 1, 2015

Homesite Insurance Company v. Kyle Raley

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-2207

HOMESITE INSURANCE COMPANY, Plaintiff – Appellee, v. KYLE RALEY, Defendant – Appellant, and PATRICK STAPLETON; MIKAL STAPLETON, Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:14-cv-00199-CMH-TCB)

Submitted: June 19, 2015 Decided: July 1, 2015

Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mark T. Foley, SASSCER, CLAGETT & BUCHER, Upper Marlboro, Maryland, for Appellant. Robert M. Hardy, JORDAN COYNE LLP, Fairfax, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Kyle Raley seeks to appeal the district court’s order granting default judgment against his co-defendants. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Raley seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. The case is still ongoing against Raley, as there has been no order entered dismissing him from the suit or entering judgment for or against him. 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 this court and argument would not aid the decisional process.

DISMISSED

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