Kenneth Warn v. Janay Sears

U.S. Court of Appeals for the Fourth Circuit

Kenneth Warn v. Janay Sears

Opinion

USCA4 Appeal: 24-2145 Doc: 15 Filed: 01/28/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-2145

KENNETH J. WARN,

Plaintiff - Appellee,

v.

JANAY SEARS,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:23-cv-02466-PJM)

Submitted: January 23, 2025 Decided: January 28, 2025

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Janay Sears, Appellant Pro Se. David I. Schoen, DAVID I. SCHOEN, ATTORNEY AT LAW, Montgomery, Alabama, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-2145 Doc: 15 Filed: 01/28/2025 Pg: 2 of 2

PER CURIAM:

Janay Sears seeks to appeal the district court’s order granting in part Appellee

Kenneth Warn’s motion to compel discovery and for sanctions and ordering her to pay the

expense of a hired court reporter and the fees Warn’s attorney incurred preparing for a

deposition she did not attend. Warn moves to dismiss the appeal for lack of jurisdiction.

This court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

, and certain

interlocutory and collateral orders,

28 U.S.C. § 1292

; Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

337 U.S. 541, 545-47

(1949). The order Sears seeks to

appeal is neither a final order nor an appealable interlocutory or collateral order.

Accordingly, we grant Warn’s motion to dismiss 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Unpublished