UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6686

ANTHONY JO-ALLEN MCCOY,

Plaintiff - Appellant,

v.

UNKNOWN,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:11-cv-00274-JRS)

Submitted: September 29, 2011 Decided: October 5, 2011

Before KING, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Jo-Allen McCoy, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Anthony Jo-Allen McCoy seeks to appeal from the

magistrate judge’s order construing his

(2006)

petition as a

(2006) complaint and directing

him to amend his complaint and either pay the filing fee or

submit an application for leave to proceed in forma pauperis.

This court may exercise jurisdiction only over final orders,

(2006), and certain interlocutory and collateral

orders,

(2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

(1949). The

order McCoy 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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