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36 F. App'x 523

DeTemple v. Panepinto

U.S. Courts of Appeals

Decided June 13, 2002

U.S. Courts of Appeals · decided 2002-06-13

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292

Relies on Cohen v. Beneficial Industrial Loan Corp.

Dismissed by unpublished PER CURIAM opinion · Decided 2002-06-13

PER CURIAM.

¶1 Gary L. DeTemple appeals from the district court’s order denying his Fed. R.Civ.P. 59 motion to vacate a prior order dismissing one of the named defendants in the underlying proceeding. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. In light of this disposition, we also deny DeTemple’s motions for clarification, for production of documents, and for stay pending appeal, as well as United National Bank’s motions to deny further extensions, to dismiss the case, and to strike DeTemple’s informal brief and response to its motion to dismiss. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before *524 the court and argument would not aid the decisional process.

¶2 DISMISSED.

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