Waldo Fenner v. John Umstead Hospital, No. 13-1413 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1413 WALDO FENNER, Plaintiff Appellant, v. JOHN UMSTEAD HOSPITAL; SUSAN REGIER, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:09-cv-00977-TDS-LPA) Submitted: July 25, 2013 Decided: July 29, 2013 Before GREGORY, DAVIS, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Waldo Fenner, Appellant Pro Se. Adam M. Shestak, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Waldo Fenner seeks to appeal the district court s order accepting the recommendation of the magistrate judge and granting in part and denying in part the Defendants motion to dismiss. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 54(b); Cohen v. 545-46 (1949). 28 U.S.C. Beneficial § 1292 Indus. (2006); Loan Fed. Corp., 337 R. Civ. U.S. P. 541, The order Fenner seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 2

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