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8 F.3d 822

Docket No. 93-6686.

Vigue v. Thompson

Fourth Circuit Court of Appeals

Submitted: September 27, 1993. Decided: October 27, 1993.

Fourth Circuit Court of Appeals · decided 1993-10-27

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Cohen v. Beneficial Industrial Loan Corp. · United States of America v. A Noble

Opinion by Per Curiam · Decided 1993-10-27

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Eastern District of Virginia, at Richmond.

Jack Ray Vigue, Appellant Pro Se.

E.D.Va.

DISMISSED

Before RUSSELL and MURNAGHAN, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

OPINION

¶1

Appellant seeks to appeal the district court's order requiring him to pay a partial filing fee in connection with his 42 U.S.C. § 1983 (1988) action. No final order has yet been entered. 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. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

¶2

We deny leave to proceed in forma pauperis and 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.

DISMISSED

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