Joe Leonard Price, Petitioner-appellant, v. State of North Carolina, Respondent-appellee, 978 F.2d 1255 (4th Cir. 1992)

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U.S. Court of Appeals for the Fourth Circuit - 978 F.2d 1255 (4th Cir. 1992) Submitted: July 20, 1992Decided: October 19, 1992

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-92-367-HC-F)

Joe Leonard Price, Appellant Pro Se.

E.D.N.C.

Dismissed.

Before MURNAGHAN, HAMILTON, and LUTTIG, Circuit Judges.

PER CURIAM:


OPINION

Joe Leonard Price appeals from a district court order which gave him twenty days to particularize his complaint. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We dismiss the appeal as interlocutory.*  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.

DISMISSED

 *

We also deny Price's motion for appointment of counsel. See Whisenant v. Yuam, 739 F.2d 160 (4th Cir. 1984)

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