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11-1977•Linda K. Huggins v. Nc Department of Administration, Nc Human Relations Commission
11-1977Court of Appeals for the Fourth CircuitFeb 2, 2012
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1977
LINDA K. HUGGINS,
Plaintiff - Appellant,
v.
NC DEPARTMENT OF ADMINISTRATION, NC HUMAN RELATIONS
COMMISSION,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:10-cv-00414-FL)
Submitted: January 31, 2012 Decided: February 2, 2012
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Linda K. Huggins, Appellant Pro Se. Mary Ann Stone, Assistant
Attorney General, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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2
PER CURIAM:
Linda K. Huggins seeks to appeal the district court’s
order dismissing only one claim in her employment discrimination
action. 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 Huggins seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we dismiss the appeal for lack of jurisdiction.
Also pending before this court is Huggins’ petition
for a writ of mandamus seeking an order directing the district
court to enter a final order in the underlying action pursuant
to Federal Rule of Civil Procedure 54(b). We conclude that
Huggins is not entitled to mandamus relief. See In re First
Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).
We therefore deny the petition for a writ of mandamus
and dismiss the appeal. 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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