David E. George v. Beneficial Indus. Loan Corp., 337 U.S. 541 1949 . The

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1893
DAVID E. GEORGE,
Plaintiff - Appellee,
versus
REECE NELSON MCCLURE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. Frank W. Bullock, Jr., District
Judge. (CA-00-952-1)
Submitted: December 17, 2001 Decided: January 30, 2002
Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Amiel J. Rossabi, FORMAN, ROSSABI, BLACK, MARTH, IDDINGS &
SLAUGHTER, P.A., Greensboro, North Carolina, for Appellant. Ellis
B. Drew, III, WELLS, JENKINS, LUCAS & JENKINS, Winston-Salem, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Reece Nelson McClure appeals the district court’s order deny-
ing his motion to dismiss David E. George’s civil action against
McClure. We dismiss the appeal for lack of jurisdiction because
the order is not appealable. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (1994), and certain inter-
locutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R.
Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541
(1949). The order here appealed is neither a final order nor an
appealable interlocutory or collateral order.
We dismiss the appeal as interlocutory. Further, we deny
McClure’s request for a writ of mandamus as he has not met the
heavy burden of showing he has no other adequate means to attain
relief and that his entitlement to such relief is clear and indis-
putable. See Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35
(1980). We also deny George’s request, set forth in his brief,
that we tax McClure with the costs of this appeal, George’s costs,
and George’s attorneys’ fees, without prejudice to his right to
pursue such relief pursuant to the procedures established by Rules
38 and 39 of the Federal Rules of Appellate Procedure. 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.
DISMISSED

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