Smith v. Evatt

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7903 LEONARD A. SMITH, Plaintiff - Appellant, versus PARKER EVATT; TONY ELLIS; LARRY C. BATSON; PRISON INDUSTRIES/PRIVATE SECTOR DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; JOHN DOE, President of ESCOD Corporation of Myrtle Beach, South Carolina; GENE BAKER, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Matthew J. Perry, Jr., District Judge. (CA-95-317-6-0AK) Submitted: January 18, 1996 Decided: February 8, 1996 Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Leonard A. Smith, Appellant Pro Se. Wilburn Brewer, Jr., Thomas C.R. Legare, Jr., NEXSEN, PRUET, JACOBS & POLLARD, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the district court's order denying Appel- lant's motions for an expedited ruling, for removal of a protective order, and to substitute magistrate judges. 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. 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 2