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86 F.3d 1149

Docket No. 95-7894.

Jasper Napoleon Buchanan v. Michael W. Moore Bruce Burnett Donald Dease Colie L. Rushton South Carolina Department of Corrections

Fourth Circuit Court of Appeals

Submitted: May 16, 1996. Decided: May 29, 1996.

Fourth Circuit Court of Appeals · decided 1996-05-29

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292

Relies on Cohen v. Beneficial Industrial Loan Corp. · Commerce and Industry Insurance Company v. Valero Terrestrial Corporation Six

Opinion by Per Curiam · Decided 1996-05-29

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Jasper Napoleon Buchanan, Appellant Pro Se.

Before RUSSELL, LUTTIG and WILLIAMS, Circuit Judges.

PER CURIAM:

¶1

Appellant appeals the district court's order adopting the magistrate judge's report and recommendation, denying his motion to proceed in forma pauperis, and granting him an extension to pay the full filing fee. 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 Indus. 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 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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