Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.jasper Napoleon Buchanan, Plaintiff-appellant, v. Michael W. Moore; Bruce Burnett; Donald Dease; Colie L.rushton; South Carolina Department Ofcorrections, Defendants-appellees, 86 F.3d 1149 (4th Cir. 1996)Annotate this Case
Submitted: May 16, 1996. Decided: May 29, 1996
Jasper Napoleon Buchanan, Appellant Pro Se.
Before RUSSELL, LUTTIG and WILLIAMS, Circuit Judges.
Appellant appeals the district court's order adopting the magistrate judge's report and recommendation, denying his motion to proceed in forma pauperis, and granting him an extension to pay the full filing fee. 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.
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.