UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7478

BARRY F. BRITT,

Plaintiff - Appellant,

versus

MICHAEL MOORE, Director; WILLIAM D. CATOE, Deputy Director; BOB WALKER; MR. CEPAK, War- den, BRCI; WHITE, Deputy Director; CAPTAIN NELSON, Hearing Office, officially and in their individual capacities,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. William M. Catoe, Jr., Magistrate Judge. (CA-98-2550-6-22AK)

Submitted: December 17, 1998 Decided: January 11, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Barry F. Britt, Appellant Pro Se. Paul H. Derrick, LIDE, MONT- GOMERY & POTTS, P.C., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Barry F. Britt appeals from the magistrate judge’s order deny-

ing his motion for appointment of counsel in his action filed under

(West Supp. 1998). We dismiss the appeal for

lack of jurisdiction because the order is not appealable. This

court may exercise jurisdiction only over final orders, see

(1994), and certain interlocutory and collateral

orders, see

(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 inter-

locutory or collateral order.

We therefore deny Britt’s motions for appointment of counsel,

grant Appellees’ motion to dismiss the appeal, and dismiss the ap-

peal as interlocutory. We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

DISMISSED

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