Stephen Yelverton v. Yelverton Farms, Limited, No. 11-1553 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1553 STEPHEN THOMAS YELVERTON, Plaintiff - Appellant, and WENDELL W. WEBSTER, in his capacity as Chapter 7 Trustee in Bankruptcy for Steven Thomas Yelverton, Plaintiff, v. YELVERTON FARMS, LTD; PHYLLIS EDMUNDSON; CHARLES EDMUNDSON; DEBORAH MARM, Defendants Appellees, and WADE H. ATKINSON, JR., Intervenor. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:09-cv-00331-FL) Submitted: November 15, 2011 Decided: November 17, 2011 Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Stephen Thomas Yelverton, Appellant Pro Se. Ronald L. Gibson, ERWIN & ELEAZER, PA, Charlotte, North Carolina; Natalie S. Walker, WEBSTER, FREDERICKSON & BRACKSHAW, Washington, D.C.; John C. Bircher, III, WHITE & ALLEN, PA, New Bern, North Carolina; John Pierce Marshall, Matthew Scott Sullivan, WHITE & ALLEN, PA, Kinston, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Stephen Thomas Yelverton seeks to appeal the district court orders determining that he lacked standing, denying his motion to amend, plaintiff, and substituting amending the case the bankruptcy caption. This trustee as court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). Yelverton seeks to appeal are neither final appealable interlocutory or collateral orders. dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials legal before The orders orders nor Accordingly, we We dispense with contentions the court are and argument would not aid the decisional process. DISMISSED 3

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