Beck v. Richard H. Kyle

Eighth Circuit

Beck v. Richard H. Kyle

219 F. App'x 594

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 15, 2007

Docket06-3997

StatusUnpublished

This text of 219 F. App'x 594 (Beck v. Richard H. Kyle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Beck v. Richard H. Kyle, 219 F. App'x 594 (8th Cir. 2007).

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Opinion

PER CURIAM.

Beck, a Minnesota prisoner, appeals the magistrate judge’s 1 order requiring him either to pay the full filing fee if he wishes to pursue all of his claims, or to pay an initial partial filing fee if he wishes to pursue only his medical-needs claim. We dismiss the appeal for lack of jurisdiction. The magistrate judge’s order is nonfinal, and it is not immediately appealable as a collateral order because it grants in forma pauperis status in part and is not effectively unreviewable on appeal from final judgment. See 28 U.S.C. § 1291 (appellate jurisdiction over appeals from final orders of district courts); Kassuelke v. Alliant Techsys., Inc., 223 F.3d 929, 931 (8th Cir. 2000) (collateral-order exception).

Accordingly, we dismiss this appeal. We also deny Beck’s motion for appointment of counsel.

1

. The Honorable Jeanne J. Graham, United States Magistrate Judge for the District of Minnesota.

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PER CURIAM.

Beck, a Minnesota prisoner, appeals the magistrate judge’s 1 order requiring him either to pay the full filing fee if he wishes to pursue all of his claims, or to pay an initial partial filing fee if he wishes to pursue only his medical-needs claim. We dismiss the appeal for lack of jurisdiction. The magistrate judge’s order is nonfinal, and it is not immediately appealable as a collateral order because it grants in forma pauperis status in part and is not effectively unreviewable on appeal from final judgment. See 28 U.S.C. § 1291 (appellate jurisdiction over appeals from final orders of district courts); Kassuelke v. Alliant Techsys., Inc., 223 F.3d 929, 931 (8th Cir. 2000) (collateral-order exception).

Accordingly, we dismiss this appeal. We also deny Beck’s motion for appointment of counsel.

1

. The Honorable Jeanne J. Graham, United States Magistrate Judge for the District of Minnesota.

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219 F. App'x 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-v-richard-h-kyle-ca8-2007.

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