McClain v. North Carolina Department of Correction

U.S. Court of Appeals for the Fourth Circuit
McClain v. North Carolina Department of Correction, 22 F. App'x 140 (4th Cir. 2001)

McClain v. North Carolina Department of Correction

Opinion of the Court

PER CURIAM.

Bart Fitzgerald McClain appeals the district court’s order denying his motion to compel. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The *141order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We 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.

Reference

Full Case Name
Bart Fitzgerald McCLAIN v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Avery-Mitchell Facility Officer Fox Officer Edwards, and Marty Loudermilk, Detective Chris Warren, Detective at Alexander County Sheriff's Department
Status
Published