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UNDERDUE v. Ila N. Patel; Kendra Brown; Susan Lybrand, Defendants. (2018)

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United States Court of Appeals, Fourth Circuit.

Felicia A. UNDERDUE, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A., Defendant-Appellee, Ila N. Patel; Kendra Brown; Susan Lybrand, Defendants.

No. 18-1321

Decided: September 13, 2018

Before WILKINSON, NIEMEYER, and HARRIS, Circuit Judges. Felicia A. Underdue, Appellant Pro Se. Sarah Johnson Douglas, Keith Michael Weddington, PARKER, POE, ADAMS & BERNSTEIN, LLP, Charlotte, North Carolina, for Appellees.

Felicia A. Underdue seeks to appeal the district court's order granting her motion for an extension of time in which to file a third amended complaint, denying her motion for appointment of counsel, and denying her motion to remand the case to the Equal Employment Opportunity Commission. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Underdue seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. 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 this court and argument would not aid the decisional process.



Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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