Jonathan James Newell v. Erik A. Hooks

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7390
JONATHAN JAMES NEWELL,
Plaintiff - Appellant,
and
TIMOTHY FRANKLIN BALLARD, III,
Plaintiff,
v.
ERIK A. HOOKS,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:20-ct-03062-D)
Submitted: March 24, 2022 Decided: March 28, 2022
Before MOTZ, WYNN, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jonathan James Newell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jonathan James Newell seeks to appeal the district court’s order entered in his
42 U.S.C. § 1983 action granting the Defendant’s motion to deem the answer timely filed
and denying Newell’s motion for entry of default judgment. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and
collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541, 545-46 (1949). The order Newell 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

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