Guy Edward Maness appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint, without prejudice, for failure to timely respond to interrogatories. However, on April 13, 1994, the district court vacated the order dismissing the complaint and reinstated the case on its docket.* Therefore, we dismiss the appeal for lack of jurisdiction because the order here appealed is neither a final order nor an appealable interlocutory or collateral order. 28 U.S.C. Secs. 1291, 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

We deny leave to proceed in forma pauperis and 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.