Cornelius Tucker, Jr., Plaintiff Appellant, v. Mr. Smith; Lynn C. Phillips; Joel Herron; Wilfordshields; Captain Matthews, Defendants Appellees, 30 F.3d 131 (4th Cir. 1994)Annotate this Case
Submitted June 23, 1994. Decided July 22, 1994
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-93-594-CRT-BO)
Cornelius Tucker, Jr., appellant pro se.
Before MURNAGHAN and WILKINS, Circuit Judges, and SPROUSE, Senior Circuit Judge.
Appellant appeals the district court's order denying leave to amend 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 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.
We also note that were this appeal not interlocutory, it would be untimely. Fed. R. App. P. 4(a)