Joseph Riddick v. Virginia Department of Corrections Commonwealth of Virginia

56 F.3d 62, 1995 U.S. App. LEXIS 19126, 1995 WL 318788

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 26, 1995
• Docket: 95-6249
• Status: Published

Opinion

56 F.3d 62
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Joseph RIDDICK, Plaintiff-Appellant,
v.
VIRGINIA DEPARTMENT OF CORRECTIONS; Commonwealth of
Virginia, Defendants-Appellees.

No. 95-6249.

United States Court of Appeals, Fourth Circuit.

Submitted: April 20, 1995.
Decided: May 26, 1995.

Joseph Riddick, Appellant Pro Se.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

PER CURIAM:

Appellant appeals the magistrate judge's order granting Appellant additional time in which to particularize his 42 U.S.C. Sec. 1983 (1988) complaint pursuant to Gordon v. Leeke, 574 F.2d 1147, 1152-53 (4th Cir.), cert. denied, 439 U.S. 970 (1978). 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