Smith v. Fleming

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7636 MICHAEL SEWELL SMITH, Plaintiff - Appellant, versus RUFUS FLEMING, Warden; CAPTAIN BENNETT; CAPTAIN WHITLOW; M. HICKS, Lt.; G. WADE, Lt.; M. L. HILL; SERGEANT WHITEHEAD; SERGEANT FERGUSON; SERGEANT MOORE; C/O GOIN; C/O HUDSON, Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Robert G. Doumar, Raymond A. Jackson, District Judges. (CA-95-843-2) Submitted: April 15, 1996 Decided: April 25, 1996 Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael Sewell Smith, 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 Unpublished opinions are not binding precedent in this circuit.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 denying his motion to transfer his case to another division. We dismiss the ap- peal 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