Kenneth Newkirk v. Louis Lerner

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6873 KENNETH H. NEWKIRK, Plaintiff - Appellant, v. LOUIS LERNER, Judge, Circuit Court; ANTON BELL, District Attorney; GEORGE ROGERS, Attorney, Stand By; LINDA SMITH, Clerk of Circuit Court; CHARLES HADEN, Appeal Lawyer; RODNEY, Detective, Hampton Police Department; ASHLEY KELLY, Daily Press Writer; MONAE DEBRA WATERS-OWENS; THOMAS SHERRAD KEARNEY, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:12-cv-00410-HEH) Submitted: August 29, 2013 Decided: September 4, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Kenneth H. Newkirk, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth H. Newkirk seeks to appeal the magistrate judge’s order directing him to particularize his 42 U.S.C. § 1983 (2006) complaint. 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 Newkirk 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 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