Rowley v. City of North Myrtle Beach, No. 07-1906 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1906 JOYCE E. ROWLEY, Plaintiff - Appellant, versus CITY OF NORTH MYRTLE BEACH; JOHN SMITHSON, City Manager; JOEL DAVIS, Assistant City Manager; KEVIN BLAYTON, Public Works Director; DOUGLAS MADDOCK, Planning and Development Director; individually and in their representative capacities as employees of the City North Myrtle Beach, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:06-cv-01873-TLW) Submitted: December 13, 2007 Decided: December 18, 2007 Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Joyce E. Rowley, Appellant Pro Se. Derwood Lorraine Aydlette, III, Christopher Wofford Johnson, GIGNILLIAT, SAVITZ & BETTIS, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Joyce E. Rowley seeks to appeal the district court order consolidating her two cases and denying as moot several pending motions. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Rowley seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Rowley s motion for stay of proceedings and dismiss the appeal for lack of jurisdiction. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED - 2 -

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