Lonnie Barnes, Iii, Plaintiff Appellant, v. Wayne v. Gay; F. Emory; J. Whitley; al T. Daniel;josephine Edwards; Gregory T. Godard; Bobbie D.jones; David L. West, Defendants Appellees, 39 F.3d 1175 (4th Cir. 1994)Annotate this Case
Submitted Oct. 18, 1994. Decided Nov. 14, 1994
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-92-469-CRT-F).
Lonnie Barnes, III, Appellant Pro Se. Tyrus Vance Dahl, Jr., Ellen M. Gregg, WOMBLE, CARLYLE, SANDRIDGE & RICE, Winston-Salem, North Carolina, for Appellees.
Before HALL and MICHAEL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.
Appellant appeals the district court's orders denying his motion to amend his complaint and allowing appointed counsel to withdraw in his 42 U.S.C. § 1983 (1988) action. 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.
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.