Rhae Johnson v. the Sunshine House, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2158
RHAE JOHNSON,
Plaintiff – Appellant,
v.
THE SUNSHINE HOUSE, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:11-cv-00511-MOC-DCK)
Submitted: January 15, 2013 Decided: February 11, 2013
Before NIEMEYER, DAVIS, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rhae Johnson, Appellant Pro Se. Frederick M. Thurman, Jr.,
SHUMAKER LOOP & KENDRICK, LLP, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Rhae Johnson seeks to appeal the district court’s
order denying her motion for summary judgment.* 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
Johnson 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 this court and
argument would not aid the decisional process.
DISMISSED
* Although Johnson’s notice of appeal appears to be
untimely, Fed. R. App. P. 4(a)(1)(A), we are unable to make that
determination without remanding the proceeding to the district
court. Fed. R. App. P. 4(a)(6). As we lack jurisdiction over
this appeal in any event, we dismiss the appeal as
interlocutory.

-- 2 of 2 --