Die Blaise v. Sandra Harris

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1968

DR. DIE K. BLAISE, Pharm. D,

Plaintiff - Appellant,

v.

DR. SANDRA HARRIS, Pharm. D.; VIBRA HOSPITAL OF RICHMOND,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:16-cv-00023-REP)

Submitted: December 20, 2016 Decided: December 22, 2016

Before GREGORY, Chief Judge, and WYNN and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Die K. Blaise, Appellant Pro Se. Kevin D. Holden, JACKSON LEWIS
PC, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Die K. Blaise seeks to appeal the district court’s order

dismissing part of his civil complaint with prejudice and

dismissing the remainder without prejudice. Blaise has since

filed an amended civil complaint raising the claims dismissed

without prejudice, and that action remains pending with the

district court. 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 Blaise seeks to appeal is neither a final

order nor an appealable interlocutory or collateral order.

Accordingly, we deny leave to proceed in forma pauperis and

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 this court and

argument would not aid the decisional process.

DISMISSED

2