Sawyer v. Johnson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6474 RONALD JERRY SAWYER, Plaintiff - Appellant, versus G. D. JOHNSON, Major; B. F. FERGUSON, Captain; OFFICER CATRON; J. RUSSELL, JR., Correctional Officer; DAVID R. BOEHM, Program Director; K. L. OSBORNE, Warden; CORRECTIONAL OFFICER STAMPER; CORRECTIONAL OFFICER CONNORS; RON ANGELONE; KENNETH MOORE, Internal Affairs; R. A. YOUNG, Defendants - Appellees. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Jackson L. Kiser, Chief District Judge; Glen E. Conrad, Magistrate Judge. (CA-95-395-R) Submitted: June 20, 1996 Decided: July 2, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Jerry Sawyer, Appellant Pro Se. Mark Ralph Davis, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: Appellant appeals from the district court's order denying his motion for default judgment. 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 3