UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7316

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

EARNEST MCARN,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Cameron McGowan Currie, District Judge. (CR-94-83, CA-96-1637-4-22)

Submitted: December 18, 1997 Decided: January 7, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Earnest McArn, Appellant Pro Se. Alfred William Walker Bethea, Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant appeals the district court's order informing Appel-

lant that he has thirty-four days to file an opposition to the

Appellee's motion for summary judgment on Appellant's remaining

(West 1994 & Supp. 1997) claims. We dismiss the

appeal for lack of jurisdiction because the order is not appeal- able. This court may exercise jurisdiction only over final orders,

(1994), and certain interlocutory and collateral

orders,

(1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,

(1949). The order here

appealed is neither a final order nor an appealable interlocutory

or collateral order.

We deny a certificate of appealability 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.

DISMISSED

2