25 F3d 1039 Key v. McCaulley

Mitchell Alfonso KEY, Plaintiff Appellant,
Jim MCCAULLEY, Jail Administrator, Richland County Detention
Center, Defendant Appellee.

No. 94-6052.

United States Court of Appeals, Fourth Circuit.

Submitted: April 21, 1994.
Decided: May 18, 1994.

25 F.3d 1039
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (CA-93-1009-3-17AJ)

Mitchell Alfonso Key, Appellant Pro Se.

William Henry Davidson, II, Ellis, Lawhorne, Davidson, Sims, Morrison & Sojourner, P.A., Columbia, South Carolina, for Appellee.



Before ERVIN, Chief Judge, MICHAEL, Circuit Judge and CHAPMAN, Senior Circuit Judge.


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Appellant appeals from the district court's order denying his motions for leave to amend his complaint and for summary judgment. 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. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order 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.