Johnathan Fuller v. Erik Hooks

U.S. Court of Appeals for the Fourth Circuit

Johnathan Fuller v. Erik Hooks

Opinion

USCA4 Appeal: 24-7076 Doc: 9 Filed: 01/29/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-7076

JOHNATHAN A. FULLER,

Plaintiff - Appellant,

v.

ERIK HOOKS; TIMOTHY MOOSE; TODD ISHEE; KENNETH LASSITER; BETTY BROWN; CHRIS RICH; MICHAEL NORRIS; EDDIE THOMAS; TERESA STRATTON,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:19-ct-03377-BO)

Submitted: January 23, 2025 Decided: January 29, 2025

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnathan A. Fuller, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-7076 Doc: 9 Filed: 01/29/2025 Pg: 2 of 2

PER CURIAM:

Johnathan A. Fuller seeks to appeal the district court’s order directing Fuller to

respond to the court’s orders. 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, 545-46

(1949). The

order Fuller seeks to appeal is neither a final order nor an appealable interlocutory or

collateral order, as it neither ended the litigation on the merits nor conclusively disposed

of an issue in the litigation. See McEvoy v. Diversified Energy Co.,

111 F.4th 330

, 334-35

(4th Cir. 2024) (discussing requirements for final and immediately appealable collateral

orders). 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

2

Reference

Status
Unpublished