Dehoney v. Evatt

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7800 MICHAEL F. DEHONEY, Plaintiff - Appellant, versus PARKER EVATT, Commissioner; WILLIAM D. CATOE, Deputy Commissioner, individually and/or in their official capacities, Defendants - Appellees, and SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Defendant. Appeal from the United States District Court for the District of South Carolina, at Florence. William B. Traxler, Jr, District Judge. (CA-94-1903-4-21BE) Submitted: February 27, 1997 Decided: March 13, 1997 Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael F. Dehoney, Appellant Pro Se. Joseph Crouch Coleman, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: Appellant appeals the district court order denying his motions to amend his complaint and his demand for a jury trial. We dismiss the appeal for lack of jurisdiction because the order is not ap- pealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); 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