Filed: Oct. 20, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1577 PAMELA MELVIN, Plaintiff – Appellant, v. SOCIAL SECURITY ADMINISTRATION; UNITED STATES OF AMERICA, Defendants – Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:09-cv-00235-FL) Submitted: October 14, 2010 Decided: October 20, 2010 Before MOTZ, KING, and DAVIS, Circuit Judges. Dismissed in part; affirmed in part b
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1577 PAMELA MELVIN, Plaintiff – Appellant, v. SOCIAL SECURITY ADMINISTRATION; UNITED STATES OF AMERICA, Defendants – Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:09-cv-00235-FL) Submitted: October 14, 2010 Decided: October 20, 2010 Before MOTZ, KING, and DAVIS, Circuit Judges. Dismissed in part; affirmed in part by..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1577
PAMELA MELVIN,
Plaintiff – Appellant,
v.
SOCIAL SECURITY ADMINISTRATION; UNITED STATES OF AMERICA,
Defendants – Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
Chief District Judge. (5:09-cv-00235-FL)
Submitted: October 14, 2010 Decided: October 20, 2010
Before MOTZ, KING, and DAVIS, Circuit Judges.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Pamela Melvin, Appellant Pro Se. Edward D. Gray, Assistant
United States Attorney, Raleigh, North Carolina; Marian Ashley
Harder, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Pamela Melvin seeks to appeal the dismissal of some,
but not all, of her civil claims, based upon the recommendation
of the magistrate judge, as well as her motion for preliminary
injunctive relief. 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). The portion of the district
court’s order dismissing some, but not all, of Melvin’s claims
is neither a final order nor an appealable interlocutory or
collateral order. Accordingly, we dismiss that portion of
Melvin’s appeal for lack of jurisdiction.
As for the denial Melvin’s motion for preliminary
injunctive relief, we have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. Melvin v. Soc. Sec. Admin., No. 5:09-cv-
00235-FL (E.D.N.C. May 13, 2010). We deny Melvin’s motion for
stay pending appeal and 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 IN PART;
AFFIRMED IN PART
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