david-terry-kidd-jr-v-commonwealth-of-virginia-department-of-corrections , 76 F.3d 373 ( 1996 )

76 F.3d 373

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
David Terry KIDD, Jr., Plaintiff-Appellant,
v.
COMMONWEALTH of Virginia; Department of Corrections; Mary
Sue Terry; Edward Murray; Patti L. Huffman;
Karen Polinski, Defendants-Appellees,
and
Dale Smith, Defendant.

No. 95-7347.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 18, 1996.
Decided Feb. 1, 1996.

David Terry Kidd, Jr., Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia, for Appellees.

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

PER CURIAM:

1

Appellant appeals from the district court's order addressing several 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 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.

3

DISMISSED.