Paul Mitchell v. Philip Baddour, Jr., No. 15-1309 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1309 PAUL A. MITCHELL, Plaintiff - Appellant, v. PHILIP A. BADDOUR, JR., In individual and official capacity as Board of Trustees Attorney, Wayne Community College; KAY ALBERTSON, In individual and official capacity as President and Secretary to the Board of Trustees, Wayne Community College, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:15-cv-00083-H) Submitted: July 21, 2015 Decided: July 23, 2015 Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Paul A. Mitchell, Appellant Pro Se. Mary Margaret Dillon, ELLIS & WINTERS, LLP, Cary, North Carolina; Nora F. Sullivan, ELLIS & WINTERS, LLP, Raleigh, North Carolina; Jason Vincent Federmack, Joshua Mark Krasner, JACKSON LEWIS PC, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Paul A. Mitchell seeks to appeal the district court’s reassignment orders. This court may exercise jurisdiction only over 28 final orders, 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 orders Mitchell seeks to appeal are neither final orders nor appealable interlocutory or collateral orders. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before this court are and argument would not aid the decisional process. DISMISSED 3

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