Brown v. Fairbank

538 F. App'x 299

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 23, 2013
• Docket: No. 13-1257
• Status: Published

Opinion

PER CURIAM:

Jerome Julius Brown, Sr. seeks to appeal the magistrate judge’s order denying his motion. The district court previously dismissed his proposed complaint without prejudice. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Brown seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we 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 this court and argument would not aid the decisional process.

DISMISSED.