Lopez v. Young

53 F. App'x 280

Opinion

PER CURIAM.

Jose Lopez, a Virginia inmate, appeals the district court’s order denying his request for discovery, denying his motion for a default judgment, and dismissing without prejudice his claims against some but not all of the Defendants on his complaint brought under 42 U.S.C. § 1983 (2000). 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. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order appealed from is neither a final order nor an appeal-able interlocutory or collateral order.

We deny Lopez’s motion to lift the district court’s stay of proceedings pending resolution of this appeal. 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.