Davis v. Members

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6796
WALLACE SPENCER DAVIS,
Plaintiff - Appellant,
versus
MEMBERS, Virginia Department of Corrections;
RON ANGELONE; GENE JOHNSON, Department Direc-
tor, Virginia Department of Corrections; DEP-
UTY DIRECTOR, Security, Virginia Department
of Corrections; DEPUTY DIRECTOR, Treatment,
Virginia Department of Corrections,
Defendants - Appellees.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. James C. Turk, District Judge.
(CA-96-13-R)
Submitted: March 13, 1997 Decided: March 18, 1997
Before HALL, ERVIN, and WILKINS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wallace Spencer Davis, Appellant Pro Se. Mark Ralph Davis, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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 dismissing his
previous notice of appeal as moot, denying his motion for relief
from the court's order denying his motions for default, and grant-
ing his motion to resume active consideration of his case. We dis-
miss 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.
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
2