William Davis, Jr. v. Michelle Jaworski

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1776 WILLIAM SCOTT DAVIS, JR., and a minor JFD as next best friend, Plaintiff - Appellant, v. MICHELLE JOY JAWORSKI; MELANIE A. SHEKITA; JEFF FORD; TONY BELL; OTHER UNKNOWN UNITED STATES, DEPARTMENT OF STATE AGENTS DEFENDANT’S, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Chief District Judge. (4:13-cv-00063-RBS-DEM) Submitted: August 22, 2013 Decided: August 26, 2013 Before MOTZ, DIAZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. William Scott Davis, II, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William Scott Davis, Jr., seeks to appeal the district court’s order dismissing his complaint without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (2006) and ordering him to show cause why a system of prefiling review should not be imposed upon him. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Davis seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Davis’ motion to appoint counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2