McDonnell v. Shalala, Sec

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6069

CURT MCDONNELL, Plaintiff - Appellant,

versus

DONNA E. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES; BRUCE C. VLADECK, Administrator of Social Security,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, District Judge. (CA-96-3805-WMN)

Submitted: May 15, 1997 Decided: May 29, 1997 Before RUSSELL, HALL, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Curt McDonnell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Appellant appeals the district court's order transferring his action to the District of Arizona under 28 U.S.C. § 1406(a) (1994). 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 (1949). The order here appealed is neither a final order nor an appealable

interlocutory or collateral order. See Gower v. Lehman, 799 F.2d 925, 927 (4th Cir. 1986) (transfers under 28 U.S.C. § 1406(a), like 28 U.S.C. § 1404 transfers, are interlocutory and nonappealable).

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