UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7339
BRUCE JEROME HOLMES,
Petitioner - Appellant,
versus
J. C. WILSON, Superintendent,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
District Judge. (CA-02-577-1)
Submitted: December 16, 2002 Decided: December 20, 2002
Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bruce Jerome Holmes, Appellant Pro Se. Clarence Joe DelForge, III,
OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bruce Jerome Holmes seeks to appeal the district court’s order
affirming the magistrate judge’s order denying his motion to hold
the case in abeyance. 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 (1949). The order Holmes seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we deny leave to proceed in forma pauperis, deny a
certificate of appealability, 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
2