UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 42 U.S.C.A. § 1983 (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 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, see 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 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