67 F.3d 295: Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.turone Lamont Lea, I, Petitioner-appellant, v. Daniel T. Mahon, Respondent-appellee
United States Court of Appeals, Fourth Circuit. - 67 F.3d 295
Submitted Sept. 21, 1995.Decided Oct. 4, 1995
Turone Lamont Lea, I, Appellant Pro Se. Robert H. Anderson, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Before RUSSELL, MURNAGHAN, and HAMILTON, Circuit Judges.
Appellant appeals the magistrate judge's order granting the defendant's motion to dismiss several of his claims but retaining one claim for further proceedings. 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. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 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 a certificate of probable cause to appeal and dismiss the appeal as interlocutory. We also deny Appellant's motion to expedite his appeal as moot. 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.