Adam Troy Cheatham, Plaintiff Appellant, v. John M. Williams, Former Assistant Superintendent/programshoke Correctional Institution Individually and in His Formerofficial Capacity; G. Wayne Spears, Former Superintendentfor Hoke Correctional Institution Individually and in Hisformer Official Capacity; Aaron Johnson, Former Secretaryof the Department of Correction Individually and in Hisformer Official Capacity; Franklin E. Freeman, Jr.,secretary of Department of Corrections in His Officialcapacity, Defendants Appellees, 25 F.3d 1038 (4th Cir. 1994)

PER CURIAM

Appellant appeals the district court's order dismissing two of Appellant's three claims and retaining the third for further litigation. 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 grant Appellee's motion and 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