McClain v. North Carolina Department of Correction

22 F. App'x 140

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 15, 2001
• Docket: No. 01-6537
• Status: Published

Opinion

PER CURIAM.

Bart Fitzgerald McClain appeals the district court’s order denying his motion to compel. 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 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); 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 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.