Tigress McDaniel v. Liberty Mutual Insurance Company, No. 21-2400 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-2400 TIGRESS SYDNEY ACUTE MCDANIEL, Plaintiff - Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY; LIBERTY MUTUAL INSURANCE CORPORATION; LIBERTY MUTUAL FIRE INSURANCE CORPORATION; MIB GROUP, INC., Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:21-cv-00610-FDW-DSC) Submitted: May 24, 2022 Decided: May 26, 2022 Before NIEMEYER, KING, and RICHARDSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Tigress Sydney Acute McDaniel, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tigress Sydney Acute McDaniel seeks to appeal the district court’s order dismissing without prejudice some of the claims raised in McDaniel’s pro se civil action, but allowing other claims to proceed following 28 U.S.C. § 1915(e)(2) review. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order that McDaniel seeks to appeal is neither a final order, given that litigation on her remaining claims is ongoing, nor is it an appealable interlocutory or collateral order. Accordingly, we dismiss this 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

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