Jasper Napoleon Buchanan v. Michael W. Moore Bruce Burnett Donald Dease Colie L. Rushton South Carolina Department of Corrections

86 F.3d 1149

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Jasper Napoleon BUCHANAN, Plaintiff-Appellant,
v.
Michael W. MOORE; Bruce Burnett; Donald Dease; Colie L.
Rushton; South Carolina Department of
Corrections, Defendants-Appellees.

No. 95-7894.

United States Court of Appeals, Fourth Circuit.

Submitted: May 16, 1996.
Decided: May 29, 1996.

Jasper Napoleon Buchanan, Appellant Pro Se.

Before RUSSELL, LUTTIG and WILLIAMS, Circuit Judges.

PER CURIAM:

1

Appellant appeals the district court's order adopting the magistrate judge's report and recommendation, denying his motion to proceed in forma pauperis, and granting him an extension to pay the full filing fee. 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 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 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.

2

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