Turner v. Augusta Cty Sheriff

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7426 JOHN PAUL TURNER, Plaintiff - Appellant, versus AUGUSTA COUNTY SHERIFF'S DEPARTMENT; AUGUSTA GENERAL DISTRICT COURT; AUGUSTA COUNTY CIRCUIT COURT; COMMONWEALTH'S ATTORNEYS OFFICE; VIR- GINIA STATE POLICE, Defendants - Appellees. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CA-95-946-R) Submitted: December 14, 1995 Decided: January 17, 1996 Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges. Dismissed by unpublished per curiam opinion. John Paul Turner, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 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 juris- diction only over final orders, 28 U.S.C. § 1291 (1988), and cer- tain 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. 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 2