Newkirk v. Department of Corrections

No. 16-7097 | 4th Cir. | Nov 22, 2016

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kenneth Newkirk seeks to appeal the magistrate judge’s order directing New-kirk to pay the filing fee or explain why he cannot and denying a host of motions without prejudice. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541" date_filed="1949-06-20" court="SCOTUS" case_name="Cohen v. Beneficial Industrial Loan Corp.">337 U.S. 541, 545-46, 69 S. Ct. 1221" date_filed="1949-06-20" court="SCOTUS" case_name="Cohen v. Beneficial Industrial Loan Corp.">69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Newkirk seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED