Guy Edward Maness, Plaintiff Appellant, v. Powhatan Reception & Classification Center; Mr. Guillory;layton T. Lester, Assistant Warden; Medical Staff,p.r.c.c.; Doctor Barnes, Chief Physician P.m.u.; Edwardmurray, D.o.c. Director, Defendants Appellees, 39 F.3d 1177 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 39 F.3d 1177 (4th Cir. 1994)

Submitted Sept. 26, 1994. Decided Oct. 25, 1994

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-94-164-2)

Guy Edward Maness, appellant pro se.

E.D. Va.


Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit Judges.


Guy Edward Maness appeals from the district court's order dismissing his 42 U.S.C. § 1983 (1988) complaint, without prejudice, for failure to timely respond to interrogatories. However, on April 13, 1994, the district court vacated the order dismissing the complaint and reinstated the case on its docket.*  Therefore, we dismiss the appeal for lack of jurisdiction because the order here appealed is neither a final order nor an appealable interlocutory or collateral order. 28 U.S.C. §§ 1291, 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

We deny leave to proceed in forma pauperis 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.



The district court's order reinstating the case on its docket was entered the same day that Maness filed his notice of appeal