Barnett v. Wilson

53 F. App'x 272

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 20, 2002
• Docket: No. 02-7205
• Status: Published

Opinion

PER CURIAM.

Anthony Fitzgerald Barnett seeks to appeal the district court’s denial of his motion to hold his case in abeyance. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Barnett seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal for lack of jurisdiction. 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.