Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.wallace Spencer Davis, Plaintiff-appellant, v. Members, Virginia Department of Corrections; Ron Angelone;gene Johnson, Department Direc Tor, Virginia Department Ofcorrections; Deputy Director, Security, Virginia Departmentof Corrections; Deputy Director, Treatment, Virginiadepartment of Corrections, Defendants-appellees, 108 F.3d 1371 (4th Cir. 1997)

Appellant appeals the district court's order dismissing his previous notice of appeal as moot, denying his motion for relief from the court's order denying his motions for default, and granting his motion to resume active consideration of his case. 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 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. 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