Phillip Charles Brown, Plaintiff-appellant, v. Two Unknown Marshalls, Defendants-appellees, 8 F.3d 816 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 8 F.3d 816 (4th Cir. 1993) Submitted: September 27, 1993. Decided: October 26, 1993

Appeal from the United States District Court for the District of Maryland, at Baltimore.

Phillip Charles Brown, Appellant Pro Se.

James G. Warwick, Office of the Unuted States Attorney, Baltimore, Maryland, for Appellees.

D. Md.

DISMISSED.

Before RUSSELL and MURNAGHAN, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:


OPINION

Appellant appeals the district court's order directing the United States Attorney's Office to indicate whether it would accept service for the Defendants in this Bivens*  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.

DISMISSED

 *

Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971)

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