United States v. James Vandivere

U.S. Court of Appeals for the Fourth Circuit

United States v. James Vandivere

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7427

UNITED STATES OF AMERICA,

Petitioner - Appellee,

v.

JAMES DOW VANDIVERE,

Respondent - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James E. Gates, Magistrate Judge. (5:15-hc-02017-D)

Submitted: November 19, 2015 Decided: November 24, 2015

Before NIEMEYER, KING, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Dow Vandivere, Appellant Pro Se. G. Norman Acker, III, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Robert J. Dodson, Special Assistant United States Attorney, Michael Gordon James, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Dow Vandivere seeks to appeal the district court’s

denial of his pro se motion for summary judgment in the civil

commitment proceedings against him. The Government has moved to

dismiss the appeal for lack of jurisdiction. 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

Vandivere seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Accordingly, we

grant the Government’s motion 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 this court and argument would not aid the decisional

process.

DISMISSED

2

Reference

Status
Unpublished