Tucker v. Dalton

U.S. Court of Appeals for the Fourth Circuit

Tucker v. Dalton

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-2496

LOYLESS B. TUCKER,

Plaintiff - Appellant,

and

REGINALD A. LEE, SR.; WILLIAM E. REID, JR.,

Plaintiffs,

versus

JOHN B. DALTON, Secretary; DEPARTMENT OF THE NAVY,

Defendants - Appellees,

versus

JAMES L. CRAWFORD,

Movant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-96-113-2-18AJ)

Submitted: December 26, 1996 Decided: January 21, 1997

Before HAMILTON, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion.

Loyless B. Tucker, Appellant Pro Se. John Harris Douglas, Assistant United States Attorney, Charleston, 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Unpublished opinions are not binding precedent in this circuit.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's order denying his

motion for appointment of his choice of representative. 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

(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 note that our dismissal renders moot Appellant's motion to expedite this appeal.

We dispense with oral argument because the facts and legal conten-

tions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

3

Reference

Status
Unpublished