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397 F. App'x 868

Budik v. Brazaitis

U.S. Courts of Appeals

Decided October 13, 2010

U.S. Courts of Appeals · decided 2010-10-13

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

Relies on Cohen v. Beneficial Industrial Loan Corp. · Maron v. United States

Decided 2010-10-13

¶1Dismissed by unpublished PER CURIAM opinion.

¶2Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3Edith Budik seeks to appeal the district court’s order granting the motion to substitute the United States as defendant in this civil action. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Budik seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Maron v. United States, 126 F.3d 317, 321 n. 4 (4th Cir.1997). 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.

¶4DISMISSED.

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