Govan v. Liberty Life Assuran

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1117 RONALD E. GOVAN, Plaintiff - Appellant, versus LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant - Appellee. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Richard L. Voorhees, Dis- trict Judge. (CA-98-567-3) Submitted: April 27, 2001 Decided: May 4, 2001 Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge. Dismissed by unpublished per curiam opinion. Ronald E. Govan, Appellant Pro Se. Charles Theodore Speth, II, HAYNSWORTH, BALDWIN, JOHNSON & GREAVES, L.L.C., Columbia, South Carolina; Robert Stancil Phifer, HAYNSWORTH, BALDWIN, JOHNSON & GREAVES, L.L.C., Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Ronald E. Govan appeals the denial of his motion entitled “Af- fidavit and Motion for Reassignment of Case and Injunctive Relief.” We dismiss the appeal for lack of jurisdiction because the order is not appealable.* This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. 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 * We construed Govan’s motion to enjoin the magistrate judge’s discovery order as a motion to quash. 2