Gregory G. Armento, Formerly Known As Cumulus Creativecommunications, D/b/a Tradewind Marketing Anddesign, Plaintiff-appellant, v. City of Asheville; Asheville Downtown Development Office;leslie Anderson, Director, Defendants-appellees, 73 F.3d 356 (4th Cir. 1995)

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US Court of Appeals for the Fourth Circuit - 73 F.3d 356 (4th Cir. 1995)

Submitted Dec. 14, 1995. Decided Dec. 26, 1995


Gregory G. Armento, Appellant Pro Se. John Henderson Hasty, George Bryan Adams, III, WAGGONER, HAMRICK, HASTY, MONTEITH & KRATT, Charlotte, North Carolina, for Appellees.

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

PER CURIAM:


Appellant appeals from the district court's order denying his motions to compel discovery, for sanctions, and to stay the calendar. 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. See North Carolina Ass'n of Black Lawyers v. North Carolina Bd. of Law Examiners, 538 F.2d 547 (4th Cir. 1976).

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