McDonnell v. Shalala, Sec

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6069
CURT MCDONNELL,
Plaintiff - Appellant,
versus
DONNA E. SHALALA, SECRETARY OF HEALTH AND
HUMAN SERVICES; BRUCE C. VLADECK, Adminis-
trator of Social Security,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, District Judge.
(CA-96-3805-WMN)
Submitted: May 15, 1997 Decided: May 29, 1997
Before RUSSELL, HALL, and HAMILTON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Curt McDonnell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order transferring his
action to the District of Arizona under 28 U.S.C. § 1406(a) (1994).
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 (1994), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (1994); 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. See Gower v. Lehman, 799 F.2d
925, 927 (4th Cir. 1986) (transfers under 28 U.S.C. § 1406(a), like
28 U.S.C. § 1404 transfers, are interlocutory and nonappealable).
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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