Turner v. Augusta County Sheriff's Dept.

74 F.3d 1234, 1996 U.S. App. LEXIS 39067, 1996 WL 15418

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 17, 1996
• Docket: 95-7426
• Status: Published

Opinion

74 F.3d 1234
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

John Paul TURNER, Plaintiff-Appellant,
v.
AUGUSTA COUNTY SHERIFF'S DEPARTMENT; Augusta General
District Court; Augusta County Circuit Court;
Commonwealth's Attorneys Office;
Virginia State Police,
Defendants-Appellees.

No. 95-7426.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 14, 1995.
Decided Jan. 17, 1996.

John Paul Turner, Appellant Pro Se.

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

PER CURIAM:

Appellant appeals the district court's order dismissing this action for failure to comply with a court order to particularize the complaint. 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 Indus. 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. Appellant's motion to consolidate cases is denied.

DISMISSED