Sherrie F. Brinkley v. Beneficial Indus. Loan Corp., 337 U.S. 541 1949 . The

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1705
SHERRIE F. BRINKLEY,
Plaintiff - Appellant,
versus
DILLARD’S, Incorporated,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior
District Judge. (2:06-cv-00059-RGD)
Submitted: August 23, 2006 Decided: September 27, 2006
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Harris D. Butler, III, Tim Schulte, Rebecca H. Royals, BUTLER,
WILLIAMS & SKILLING, PC, Richmond, Virginia, for Appellant. Rodney
Allen Satterwhite, Jennifer Magoulas Campbell, MCGUIREWOODS, LLP,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Sherrie F. Brinkley seeks to appeal the district court’s
order granting Dillard’s motion to compel arbitration. This court
may exercise jurisdiction only over final orders, 28 U.S.C. § 1291
(2000), and certain interlocutory and collateral orders, 28 U.S.C.
§ 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541 (1949). The order Brinkley 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 note that our dismissal of the appeal as
interlocutory operates as a dismissal without prejudice. 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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