Joseph Griffith v. D. Clark, No. 13-6049 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6049 JOSEPH MICHAEL GRIFFITH, Plaintiff Appellant, v. CAPTAIN D. CLARK; OFFICER WHIDPEE; CAPTAIN CASTELLO; JOHN DOE; OFFICER RUSSELL; SGT. BOYD, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:11-ct-03209-FL) Submitted: March 25, 2013 Decided: March 28, 2013 Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Joseph Michael Griffith, Appellant Pro Se. Peter Andrew Regulski, Assistant Attorney General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Joseph Michael Griffith seeks to appeal the district court s order denying his motion for default judgment and granting Defendants motions for extension of time and for leave to file the answer instanter. 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 Corp., 337 U.S. 541, 545-46 (1949). seeks to appeal is neither a final interlocutory or collateral order. appeal for lack of jurisdiction. order The order Griffith nor an appealable Accordingly, we dismiss the We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. The motion to dismiss the appeal is granted. DISMISSED 2

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