UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1233
PETER S. VINAL,
Plaintiff - Appellant,
v.
SUNTRUST MORTGAGE INCORPORATED,
Defendant - Appellee,
and
FEDERAL NATIONAL MORTGAGE ASSOCIATION; JOSEPH C. IRVING;
KATHY B. BAGBY; SAFEGUARD PROPERTIES LLC; JOHN DOES, to be
named later,
Defendants.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:13-cv-00159-D)
Submitted: September 25, 2014 Decided: September 29, 2014
Before AGEE and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James W. Lea, III, THE LEA/SCHULTZ LAW FIRM, P.C., Wilmington,
North Carolina, for Appellant. Camden R. Webb, Elizabeth C.
Stone, WILLIAMS MULLEN, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Peter S. Vinal seeks to appeal the district court’s
order granting Defendant SunTrust Mortgage Inc.’s motion to
dismiss Vinal’s complaint for failure to state a claim under
Fed. R. Civ. P. 12(b)(6), and dismissing SunTrust as a
defendant. This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545–
46 (1949). The order Vinal seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order, as
the claims against Defendant Safeguard Properties, LLC, remain
pending in the district court. Accordingly, we dismiss the
appeal as interlocutory. See Dickens v. Aetna Life Ins. Co.,
677 F.3d 228, 229–30 (4th Cir. 2012) (holding that this court is
required to inquire into its jurisdiction sua sponte).
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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