Simmons v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7622 RONNIE L. SIMMONS, SR., and on behalf of all prisoners confined at Deerfield Correctional Center, Plaintiff - Appellant, versus RONALD ANGELONE, Director of the Virginia Department of Corrections; JAMES A. SMITH, JR., Regional Administrator; H. R. POWELL, Warden of Deerfield Correctional Center; PATRICIA COPELAND, Assistant Warden of Treat- ment & Programs, Deerfield Correctional Cen- ter; S. D. MAYES, Chief of Security, Deerfield Correctional Center; DENNIS BURGRESS, Opera- tions Officer, Deerfield Correctional Center; JOHN STEWART, Institutional Health & Safety Inspector, Deerfield Correctional Center, Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. John A. MacKenzie, Senior District Judge. (CA-95-646-2) Submitted: January 18, 1996 Decided: February 15, 1996 Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ronnie L. Simmons, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals from the district court's order denying his motion for reconsideration of the assessed filing fee and granting him additional time to pay the 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. 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