39 F3d 1177 Holsey Simms v. Smith

39 F.3d 1177

Aaron HOLSEY, Plaintiff Appellant,
and John W. SIMMS; Reginald English, Plaintiffs,
v.
William Lewis SMITH; Hollis Thompson; Name Unknown,
Supervisor of Dietary Department at Maryland House of
Correction Annex; William Hicks; Clifton D. Spriggs, In
their individual and official capacities, Defendants Appellees.

No. 94-6940.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 18, 1994.
Decided: Nov. 15, 1994.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Frank A. Kaufman, Senior District Judge. (CA-94-598-K)

Aaron Holsey, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Amy Kushner Kline, Office of the Attorney General of Maryland, Baltimore, MD, for Appellees.

D.Md.

DISMISSED.

Before HALL and MICHAEL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

1

Appellant appeals the district court's order denying his motion to compel the production of documents. 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. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 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.

DISMISSED