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978 F.2d 1255

Docket No. 92-6610.

Joe Leonard Price v. State of North Carolina

Fourth Circuit Court of Appeals

Submitted: July 20, 1992 Decided: October 19, 1992

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Fourth Circuit Court of Appeals · decided 1992-10-19

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

Relies on Cohen v. Beneficial Industrial Loan Corp. · Whisenant v. Yuam · National Labor Relations Board v. So-Lo Foods, Inc., T/a Bi-Lo So-Lo Foods, Inc., T/a Valu Food

Opinion by Per Curiam · Decided 1992-10-19

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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. James C. Fox, Chief District Judge. (CA-92-367-HC-F)

Joe Leonard Price, Appellant Pro Se.

E.D.N.C.

Dismissed.

Before MURNAGHAN, HAMILTON, and LUTTIG, Circuit Judges.

PER CURIAM:

OPINION

¶1

Joe Leonard Price appeals from a district court order which gave him twenty days to particularize his complaint. 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

*

We also deny Price's motion for appointment of counsel. See Whisenant v. Yuam, 739 F.2d 160 (4th Cir. 1984)

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