United States of America, Plaintiff Appellee, v. Latchmie Narayan Toolasprashad, Defendant Appellant, 21 F.3d 426 (4th Cir. 1994)

Appellant filed a letter in the district court which was construed as a notice of appeal and was forwarded to this Court. Subsequently, the district court judge ordered that the letter be construed as a 28 U.S.C. § 2255 (1988) motion and directed that the Defendant be served. The record before this Court demonstrates that the district court has not acted on the Sec. 2255 motion. Although Appellant failed to file an appellate brief, he has moved for the appointment of counsel.

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. Accordingly, we deny Appellant's motion for the appointment of counsel and dismiss the appeal as interlocutory so that Appellant may proceed in the district court. 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.