Montgomery v. Doe ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7135
MICHAEL WAYNE MONTGOMERY, a/k/a Shaka Macumba
Zulu X,
Plaintiff - Appellant,
versus
JOHN DOE; LAURIE BESSINGER; VAUGHN JACKSON,
Captain,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (CA-95-1199-CV-6-3AK)
Submitted: January 23, 1996 Decided: February 13, 1996
Before HALL and NIEMEYER, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Wayne Montgomery, Appellant Pro Se. William Henry David-
son, II, Andrew Frederick Lindemann, ELLIS, LAWHORNE, DAVIDSON &
SIMS, P.A., Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order denying his
pretrial motions. 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.
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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