UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1449
MARK JOHNSON, d/b/a JQ Solutions,
Plaintiff – Appellant,
v.
EDWIN WESTLAKE; WESTEV WW COMMODITIES LLC,
Defendants – Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen,
Senior District Judge. (3:10-cv-00457-GCM)
Submitted: August 17, 2011 Decided: September 19, 2011
Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mark Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mark Johnson seeks to appeal the district court’s
order dismissing without prejudice his civil complaint for
insufficiency of service of process. After the date of that
order, but before the effective date of Johnson’s notice of
appeal, the district court entered an order vacating the order
Johnson seeks to appeal and reopening the case. See Fed. R.
App. P. 4(a)(4)(A), (B)(i). Thus, the order Johnson seeks to
challenge is no longer in effect, and the case is actively
proceeding in the district court.
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). In light of the entry by the district court of an
order reopening Johnson’s case, the order Johnson 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 the court and argument would not aid the
decisional process.
DISMISSED
2