Craig v. US, (4th Cir. 1996)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6008

ROBERT CALVIN CRAIG, JR., Plaintiff - Appellant, versus

UNITED STATES OF A MERICA; THE 113TH FEDERAL DIVISION (En Banc); JAYME MILLER, USM; TOM

ASHECRAFT, U.S. Atty., Defendants - Appellees.

Appeal from the United States District Court for the Western Dis-

trict of North Carolina, at Charlotte. Graham C. Mullen, District

Judge. (CA-94-431-3-MU)

Submitted: May 16, 1996 Decided: June 27, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Calvin Craig, Jr., 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 Unpublished opinions are not binding precedent in this circuit.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 dismissing this action for failure to plainly state his claims. 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 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. The motion to stay is denied. DISMISSED

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