James Rose v. Greenbrier Chrysler, (4th Cir. 2011)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-1209

JAMES A. ROSE,

Plaintiff - Appellant,

v.

GREENBRIER CHRYSLER,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Raymond A. Jackson, District

Judge. (2:10-cv-00553-RAJ-FBS)

Submitted: July 28, 2011 Decided: August 1, 2011

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James A. Rose, Appellant Pro Se. Susan Childers North, LECLAIR

RYAN, PC, Williamsburg, Virginia; Nancy Blackburn Sasser,

LECLAIR RYAN, PC, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James A. Rose appeals the district court's order dismissing his civil action without prejudice, pursuant to Fed.

R. Civ. P. 12(b)(6), for failure to state a claim. 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 (1949). The order Rose seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Domino Sugar Corp. v.

Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir.

1993). 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 the court and argument would not aid the decisional process.

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