Homesite Insurance Company v. Kyle Raley

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2207
HOMESITE INSURANCE COMPANY,
Plaintiff – Appellee,
v.
KYLE RALEY,
Defendant – Appellant,
and
PATRICK STAPLETON; MIKAL STAPLETON,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:14-cv-00199-CMH-TCB)
Submitted: June 19, 2015 Decided: July 1, 2015
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark T. Foley, SASSCER, CLAGETT & BUCHER, Upper Marlboro,
Maryland, for Appellant. Robert M. Hardy, JORDAN COYNE LLP,
Fairfax, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kyle Raley seeks to appeal the district court’s order
granting default judgment against his co-defendants. 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). The
order Raley seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. The case is still
ongoing against Raley, as there has been no order entered
dismissing him from the suit or entering judgment for or against
him. 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

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