993 F2d 1538 Rice v. Hill

993 F.2d 1538

Thomas Woodrow RICE, Plaintiff-Appellant,
v.
Charles HILL; Larry S. Davis; Celeste B. Coleman; W. C.
Smith, Defendants-Appellees.

No. 93-6180.

United States Court of Appeals,
Fourth Circuit.

Submitted: March 29, 1993
Decided: April 28, 1993

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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. W. Earl Britt, District Judge. (CA-92-524-CRT-BR)

Thomas Woodrow Rice, Appellant Pro Se.

Jacob Leonard Safron, Special Deputy Attorney General, Raleigh, North Carolina, for Appellees.

E.D.N.C.

DISMISSED.

Before LUTTIG, Circuit Judge, and BUTZNER and CHAPMAN, Senior Circuit Judges.

PER CURIAM:

1

Thomas Woodrow Rice appeals the district court's order dismissing some, but not all, of the Defendants from his civil rights action. 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