U.S. Court of Appeals for the Fourth Circuit, 2003

McClain v. North Carolina Department of Corrections

McClain v. North Carolina Department of Corrections
U.S. Court of Appeals for the Fourth Circuit · Decided March 28, 2003
60 F. App'x 453

McClain v. North Carolina Department of Corrections

Opinion of the Court

PER CURIAM.

Bart Fitzgerald McClain seeks to appeal the district court’s order denying his motion to compel. 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 McClain seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we 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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