Kissi v. Mitchler

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 4, 2009
• Docket: 08-8570
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8570

DAVID M. KISSI,

Plaintiff - Appellant,

v.

BUD MITCHLER; HUGH G. HARDESTY, JR.; JOSEPH B. HARDESTY; MORGAN INVESTMENTS,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:08-cv-01639-PJM)

Submitted: April 23, 2009 Decided: May 4, 2009

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David M. Kissi, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

David M. Kissi appeals from the district court’s order

requiring him to pay a partial filing fee in accordance with 28

U.S.C. § 1915(L)(1)(A) (2006). 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 (1949). The order Kissi seeks to

appeal is neither a final order nor an appealable interlocutory

or collateral order. Accordingly, we deny Kissi’s motion for

appointment of counsel 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 the court and argument would not aid the decisional

process.

DISMISSED