UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7513

IRVIN EMANUEL COLEMAN,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director of the Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-02-362-2)

Submitted: December 19, 2002 Decided: January 6, 2003

Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Irvin Emanuel Coleman, Appellant Pro Se. Steven Andrew Witmer, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Irvin Emanuel Coleman seeks to appeal the magistrate judge’s

order granting respondent an extension of time to respond to

Coleman’s petition filed under

(2000). This court

may exercise jurisdiction only over final orders,

(2000), and certain interlocutory and collateral orders,

(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp.,

(1949). The order Coleman seeks to appeal

is neither a final order nor an appealable interlocutory or

collateral order. Accordingly, we deny a certificate of

appealability, deny leave to proceed in forma pauperis, and dismiss

the appeal for lack of jurisdiction. 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

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