Cornelius Tucker, Jr. v. Mr. Lucas Ms. Holland Joel Herron Lynn C. Phillips F.B. Freeman

25 F.3d 1041, 1994 U.S. App. LEXIS 20842, 1994 WL 200809

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 19, 1994
• Docket: 94-6102
• Status: Published

Opinion

25 F.3d 1041
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Cornelius TUCKER, Jr., Plaintiff Appellant,
v.
Mr. LUCAS; Ms. Holland; Joel Herron; Lynn C. Phillips;
F.B. Freeman, Defendants Appellees.

No. 94-6102.

United States Court of Appeals, Fourth Circuit.

Submitted April 21, 1994.
Decided May 19, 1994.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-93-511-H)

Cornelius Tucker, Jr., appellant pro se.

E.D.N.C.

DISMISSED.

Before ERVIN, Chief Judge, MICHAEL, Circuit Judge, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

Appellant appeals the district court's order granting him ninety days to exhaust administrative remedies. 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. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 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

* We also deny Tucker's motion to remand all of his pending appeals