UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6347
JAMES A. BUTLER,
Plaintiff - Appellant,
versus
RAYMOND H. HITE,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CA-96-67-2)
Submitted: August 15, 1996 Decided: August 20, 1996
Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James A. Butler, 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Unpublished opinions are not binding precedent in this circuit.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 an extension of time to file a motion pursuant to Fed.
R. Civ. P. 59 or an appeal from the district court's order remand-
ing the underlying case to state court. We have reviewed the record
and the district court's opinion and find no abuse of discretion.
Accordingly, we deny Appellant's motion for leave to proceed in
forma pauperis and dismiss the appeal on the reasoning of the dis-
trict court. Butler v. Hite, No. CA-96-67-2 (E.D. Va. Feb. 28,
1996). To the extent that Appellant attempts to appeal from the
remand order, the order is not appealable. 28 U.S.C. § 1447(d)
(1988). 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