Carl Thomas Sturdivant v. Kone Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1172
CARL THOMAS STURDIVANT,
Plaintiff - Appellant,
v.
KONE INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J.
Conrad, Jr., Chief District Judge. (3:09-cv-00224—RJC-DSC)
Submitted: March 29, 2010 Decided: April 12, 2010
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Carl Thomas Sturdivant, Charlotte, North Carolina, for
Appellant. James Michael Honeycutt, FISHER & PHILLIPS, LLP,
Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Carl Thomas Sturdivant seeks to appeal the district
court’s orders: denying his motion for judicial disqualification
and/or recusal; dismissing his appeal of an order granting the
Defendant’s motion to compel; and denying his motion to amend
the complaint. 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
(1949). The order Sturdivant seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we deny the motion for stay pending appeal and
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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