In No. 02-7313, Greene appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint under 28 U.S.C. § 1915A(b) (2000). We have reviewed the record and the district court’s opinion. We agree Greene’s complaint did not state a claim for the reasons stated by the district court. Under the circumstances of this case, however, we believe the district court should have dismissed Greene’s complaint without prejudice. Accordingly, we affirm the district court’s order for the reasons stated by the district court with the modification that the dismissal is without prejudice.

In No. 02-7856, Greene seeks to appeal the district court’s order denying his motions for appointment of counsel and to recuse the district court judge. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); 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 order Greene seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. *

Accordingly, in No. 02-7313 we affirm as modified to reflect that the dismissal was without prejudice. We deny Greene’s motion for abeyance. In No. 02-7856, we dismiss the appeal for lack of jurisdiction because it is 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.

No. 02-7313-AFFIRMED AS MODIFIED.

No. 02-78m-DISMISSED.