Davis v. Jaworski

538 F. App'x 315

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 26, 2013
• Docket: No. 13-1776
• Status: Published

Opinion

PER CURIAM:

William Scott Davis, Jr., seeks to appeal the district court’s order dismissing his complaint without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (2006) and ordering him to show cause why a system of prefiling review should not be imposed upon him. 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 Davis seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Davis’ motion to appoint counsel. 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.