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UNDERDUE v. WELLS FARGO BANK (2021)

United States Court of Appeals, Fourth Circuit.2021-02-25No. No. 20-1956

Authorities cited

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Opinion

Felicia A. Underdue appeals the district courts order denying her motion for immediate reinstatement of her employment, motion for employment records, and motion to compel. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; 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 district court properly construed Underdues motion for reinstatement of employment as a motion for a preliminary injunction, the denial of which is immediately appealable. 28 U.S.C. § 1292(a)(1). We conclude that the court did not abuse its discretion in denying Underdues motion for a preliminary injunction and affirm that portion of the district courts order. See Roe v. Dept of Def., 947 F.3d 207, 219 (4th Cir. 2020) (stating standard). The district courts decision to deny Underdues discovery-related motions, however, is not immediately appealable. Accordingly, we dismiss the portion of Underdues appeal challenging the denial of those motions for lack of jurisdiction. We deny Underdues motion to stay the district court proceedings pending the resolution of this appeal. 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.

AFFIRMED IN PART, DISMISSED IN PART

PER CURIAM:

Affirmed in part and dismissed in part by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.