George Van Wagner v. Branch Banking & Trust Company

11-1204Court of Appeals for the Fourth CircuitAug 29, 2011

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1204
GEORGE VAN WAGNER,
Petitioner - Appellant,
v.
BRANCH BANKING & TRUST COMPANY,
Respondent – Appellee,
THOMAS H. FLUHARTY,
Trustee – Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:11-cv-00006-JPB)
Submitted: August 25, 2011 Decided: August 29, 2011
Before MOTZ and DUNCAN,* Circuit Judges.
Dismissed by unpublished per curiam.
George Van Wagner, Appellant Pro Se. William L. Hallam,
ROSENBERG, MARTIN & GREENBERG, LLP, Baltimore, Maryland, for
* The opinion is filed by a quorum of the panel pursuant to
28 U.S.C. § 46(d) (2006).

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Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
George Van Wagner seeks to appeal the district court’s
order denying his motion for leave to appeal an interlocutory
order issued by the bankruptcy court. 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, 545-46 (1949). The order Van Wagner
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 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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