Rhae Johnson v. The Sunshine House, No. 12-2158 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2158 RHAE JOHNSON, Plaintiff Appellant, v. THE SUNSHINE HOUSE, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:11-cv-00511-MOC-DCK) Submitted: January 15, 2013 Decided: February 11, 2013 Before NIEMEYER, DAVIS, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Rhae Johnson, Appellant Pro Se. Frederick M. Thurman, Jr., SHUMAKER LOOP & KENDRICK, LLP, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rhae Johnson seeks to appeal the district order denying her motion for summary judgment. * court s This 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 Johnson Corp., seeks to 337 U.S. appeal is 541, 545-46 neither a (1949). final appealable interlocutory or collateral order. dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials The order order nor an Accordingly, we We dispense with legal contentions are before this and court argument would not aid the decisional process. DISMISSED * Although Johnson s notice of appeal appears to be untimely, Fed. R. App. P. 4(a)(1)(A), we are unable to make that determination without remanding the proceeding to the district court. Fed. R. App. P. 4(a)(6). As we lack jurisdiction over this appeal in any event, we dismiss the appeal as interlocutory. 2

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