Aaron Holsey, Plaintiff Appellant,and John W. Simms; Reginald English, Plaintiffs, v. William Lewis Smith; Hollis Thompson; Name Unknown,supervisor of Dietary Department at Maryland House Ofcorrection Annex; William Hicks; Clifton D. Spriggs, Intheir Individual and Official Capacities, 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: Oct. 18, 1994. Decided: Nov. 15, 1994

Appeal from the United States District Court for the District of Maryland, at Baltimore. Frank A. Kaufman, Senior District Judge. (CA-94-598-K)

Aaron Holsey, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Amy Kushner Kline, Office of the Attorney General of Maryland, Baltimore, MD, for Appellees.

D. Md.


Before HALL and MICHAEL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


Appellant appeals the district court's order denying his motion to compel the production of documents. 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.