Collier v. Freeman

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6114 ERIC ERWIN COLLIER, Plaintiff - Appellant, versus FRANKLIN FREEMAN, Defendant - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-95-381-5-BR) Submitted: May 16, 1996 Decided: June 5, 1996 Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges. Affirmed in part and dismissed in part by unpublished per curiam opinion. Eric Erwin Collier, 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 Unpublished opinions are not binding precedent in this circuit.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 to amend his complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. To the extent that Appellant seeks review of the district court's prior order dismissing his complaint, such appeal is untimely under Fed. R. App. P. 4(a)(1), and this court lacks jurisdiction to consider it. See Browder v. Director, Dep't of Corrections , 434 U.S. 257, 264 (1978). We therefore dismiss this portion of the appeal. Collier v. Freeman, No. CA-95-381-5-BR (E.D.N.C. Nov. 28, 1995). We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED IN PART; DISMISSED IN PART 2