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976 F.2d 727

Docket No. 92-6660.

Price v. Dixon

Fourth Circuit Court of Appeals

Submitted: August 31, 1992 Decided: September 23, 1992

Fourth Circuit Court of Appeals · decided 1992-09-23

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 America v. Currie

Opinion by Per Curiam · Decided 1992-09-23

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-92-233)

Joe Leonard Price, Appellant Pro Se.

E.D.N.C.

DISMISSED.

Before SPROUSE and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

OPINION

¶1

Joe Leonard Price appeals from a magistrate judge's order which instructed him to file his 42 U.S.C. § 1983 (1988) complaint with his original signature. 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 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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