Upshur v. M/I Schottenstein ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-2262
RONALD C. UPSHUR,
Plaintiff - Appellant,
versus
M/I SCHOTTENSTEIN HOMES, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA-
99-2286-CCB)
Submitted: December 16, 1999 Decided: December 21, 1999
Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Ronald C. Upshur, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ronald C. Upshur appeals from the district court’s orders
denying his application to proceed in forma pauperis and denying
his motion for reconsideration and for appointment of counsel. The
denial of in forma pauperis status is immediately appealable.
However, we find no abuse of discretion in the district court’s
decision based on Upshur’s failure to provide information about his
wife’s income. See Collier v. Tatum, 722 F.2d 653, 656 (11th Cir.
1983) (denial of in forma pauperis status reviewed for abuse of
discretion); Williams v. Field, 394 F.2d 329 (9th Cir. 1965). To
the extent that Upshur appeals the denial of his motion for ap-
pointment of counsel, the appeal is interlocutory. See Miller v.
Simmons, 814 F.2d 962, 967 (4th Cir. 1987). Accordingly, we deny
leave to proceed in forma pauperis in this court and dismiss the
appeal. 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
2