Jones v. Tuthill

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6373 NICHOLAS W. JONES, Plaintiff - Appellant, versus M. E. TUTHILL, Captain, CO, V; M. D. GAVIGAN, Sergeant, CO, III; L. BROWN, Officer, CO, II; JOHN SWIVEL, Officer, CO, II; R. CHERRY, Officer, CO, II; R. BURKER, Officer, CO, II; RICHARD A. LANHAM, SR., Commissioner; WILLIAM L. SMITH, Warden; MARYLAND DIVISION OF CORRECTION-PERSONNEL AND OFFICIALS; BOB FEENEY, Project Administrator, Correctional Medical Systems, Incorporated; STEPHEN MACK, Matt, Doc Adjustment Hearing Officer, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Frank A. Kaufman, Senior District Judge. (CA-93-2644-K) Submitted: June 12, 1997 Decided: June 18, 1997 Before WIDENER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Nicholas W. Jones, Appellant Pro Se. John Joseph Curran, Jr., At- torney General, Glenn William Bell, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland; Philip Melton Andrews, Aron Uri Raskas, KRAMON & GRAHAM, P.A., Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the district court's order granting him twenty days in which to submit the filing fee and denying him pro bono representation. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise juris- diction only over final orders, 28 U.S.C. § 1291 (1994), and cer- tain 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 2