U.S. Court of Appeals for the Fourth Circuit, 1996

Lowe v. Augusta Corr Admin

Lowe v. Augusta Corr Admin
U.S. Court of Appeals for the Fourth Circuit · Decided October 9, 1996

Lowe v. Augusta Corr Admin

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7038

STANLEY D. LOWE, Plaintiff - Appellant, versus AUGUSTA CORRECTIONAL CENTER ADMINISTRATION; JACK LEE, Assistant Warden, Augusta Correc- tional Center; R. L. BOYERS, Lieutenant, Augusta Correctional Center; CORRECTIONAL OFFICER DANDRIDGE, Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Glen E. Conrad, Magistrate Judge. (CA-96-338-R)

Submitted: September 17, 1996 Decided: October 9, 1996 Before HALL, MURNAGHAN, and NIEMEYER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Stanley D. Lowe, Appellant Pro Se. Jill Theresa Bowers, 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Unpublished opinions are not binding precedent in this circuit.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).

PER CURIAM: Appellant appeals the district court order denying his motion for appointment of counsel. 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. Appellant's motions before this court for appointment of counsel, for leave to amend his complaint to add new defendants, and for reconsideration are denied. 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

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