James Preston Smith v. J. v. Beale, Warden

37 F.3d 1495, 1994 WL 558326

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 13, 1994
• Docket: 94-6763
• Status: Published

Opinion

37 F.3d 1495
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

James Preston SMITH, Plaintiff Appellant,
v.
J. V. BEALE, Warden, Defendant Appellee.

No. 94-6763.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 25, 1994
Decided Oct. 13, 1994.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-94-54)

James Preston Smith, Appellant Pro Se.

Mark Ralph Davis, Office of the Atty. Gen. of Virginia, Richmond, VA, for Appellee.

E.D. Va.

DISMISSED.

Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM:

Appellant appeals from the district court's order denying a waiver of payment of filing fees and granting an extension of time to pay a previously assessed partial filing fee. 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 deny leave to proceed in forma pauperis and 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