Whitehead v. Twentieth Century Fox

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1120 DAVID LOUIS WHITEHEAD, Plaintiff - Appellant, versus TWENTIETH CENTURY FOX FILM CORPORATION; TYNDALE HOUSE PUBLISHER, INCORPORATED; NEW MARKET FILMS, INCORPORATED; FOX 43, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:06-cv-01349-CMH) Submitted: May 11, 2007 Decided: August 17, 2007 Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David Louis Whitehead, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Louis Whitehead appeals the district court’s order transferring his complaint, alleging copyright infringement, to the District Court for the District of Columbia pursuant to 28 U.S.C. §§ 1404(a)(2000) and 1406(a)(2000). This court may exercise jurisdiction only over final orders. 28 U.S.C. § 1292(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Cor., 337 U.S. 541 (1949). The order Whitehead seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See In re Carefirst of Md., Inc., 305 F.3d 253, 257 (4th Cir. 2002). Accordingly, we deny Whitehead’s motion for sanctions against opposing counsel; we deny as moot his motion to stay his case pending submission of the DVD, THE PASSION OF THE CHRIST (Twentieth Century Home Entertainment, Inc. 2004); we deny as moot his motions for injunctive relief, and we dismiss his 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 - 2 -