Tommy Campbell v. Speedway LLC, No. 18-1613 (4th Cir. 2018)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1613 TOMMY CAMPBELL, Plaintiff - Appellant, v. SPEEDWAY LLC; NICK YELVERTON, Supervisor, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (5:18-cv-00064-BO) Submitted: October 23, 2018 Decided: October 25, 2018 Before NIEMEYER, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Tommy Campbell, Appellant Pro Se. Jerry Howard Walters, Jr., LITTLER MENDELSON PC, Charlotte, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tommy Campbell filed an employment discrimination complaint against his employer, Speedway LLC, and his supervisor, Nick Yelverton. He seeks to appeal the district court’s order dismissing all claims against Yelverton. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). Because the district court has not resolved Campbell’s claims against Speedway LLC, the order Campbell seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. 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. DISMISSED 2