Rhae JOHNSON, Plaintiff-Appellant, v. The SUNSHINE HOUSE, INCORPORATED, Defendant-Appellee, 509 F. App'x 243

Dismissed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rhae Johnson seeks to appeal the district court’s order denying her motion for

summary judgment. 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.CivP. 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 Johnson 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. Although Johnson’s notice of appeal appears to be untimely, Fed. R.App. P. 4(a)(1)(A), we are unable to make that determination without remanding the proceeding to the district court. Fed. R.App. P. 4(a)(6). As we lack jurisdiction over this appeal in any event, we dismiss the appeal as interlocutory.