Givens v. Main Street Financial Services

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1919 GREG GIVENS, Plaintiff – Appellant, v. MAIN STREET FINANCIAL SERVICES CORPORATION, Holding company for Main Street Bank; REBECCA RANDOLPH; RICHARD LUCAS; WILLIAM CRISWELL; KEVIN GESSLER; KEITH C. GAMBLE; PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC; CITY OF WHEELING, West Virginia, individually and collectively, Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:10-cv-00027-FPS-JSK) Submitted: January 13, 2011 Decided: January 18, 2011 Before MOTZ, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Greg Givens, Appellant Pro Se. Keith C. Gamble, PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Morgantown, West Virginia; Lee Murray Hall, Arnold John Janicker, Nathaniel Adam Kuratomi, JENKINS FENSTERMAKER, PLLC, Huntington, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Greg Givens seeks to appeal the district court’s order denying his motion to change venue. 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 Givens 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 deny Givens’ motion to strike. 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