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  • Spence v. Dewalt, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit dismissed Henry Lotson Spence, Sr.'s appeal of a magistrate judge's order conditionally filing his complaint. The court ruled that the order was not a final judgment and did not fall under any exceptions that would permit an interlocutory appeal. As the order was neither final nor appealable, the court dismissed the appeal as interlocutory and denied Spence's request to appoint counsel.

    Original Description:

    Filed: 2000-06-05 Precedential Status: Non-Precedential Docket: 00-6045

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    The United States Court of Appeals for the Fourth Circuit dismissed Henry Lotson Spence, Sr.'s appeal of a magistrate judge's order conditionally filing his complaint. The court ruled that the order was not a final judgment and did not fall under any exceptions that would permit an interlocutory appeal. As the order was neither final nor appealable, the court dismissed the appeal as interlocutory and denied Spence's request to appoint counsel.

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    1 views2 pages

    Spence v. Dewalt, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Henry Lotson Spence, Sr.'s appeal of a magistrate judge's order conditionally filing his complaint. The court ruled that the order was not a final judgment and did not fall under any exceptions that would permit an interlocutory appeal. As the order was neither final nor appealable, the court dismissed the appeal as interlocutory and denied Spence's request to appoint counsel.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-6045

    HENRY LOTSON SPENCE, SR.,


    Plaintiff - Appellant,
    versus
    STEPHEN DEWALT, Warden,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge.
    (CA-99-807)

    Submitted:

    May 25, 2000

    Decided:

    June 5, 2000

    Before WILLIAMS, MICHAEL, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Henry Lotson Spence, Sr., Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Henry Lotson Spence, Sr., appeals the magistrate judges order
    conditionally filing his complaint. 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.
    We dismiss the appeal as interlocutory and deny Spences
    motion to appoint counsel.

    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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