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    United States Court of Appeals, Fourth Circuit

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal for lack of jurisdiction. The appeal sought to challenge a district court's order denying the appellant's motion for production and discovery. The Court of Appeals may only hear appeals from final orders or certain interlocutory orders, but the order being appealed was neither. As the order was not final and did not fall under the limited categories of appealable interlocutory orders, the Court had to dismiss the appeal as premature.

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    United States Court of Appeals, Fourth Circuit

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal for lack of jurisdiction. The appeal sought to challenge a district court's order denying the appellant's motion for production and discovery. The Court of Appeals may only hear appeals from final orders or certain interlocutory orders, but the order being appealed was neither. As the order was not final and did not fall under the limited categories of appealable interlocutory orders, the Court had to dismiss the appeal as premature.

    Original Description:

    Filed: 1993-10-28 Precedential Status: Non-Precedential Citations: 8 F.3d 817 Docket: 93-6782

    Original Title

    Wallace S. Davis v. Glynis Smith Paramount Studios Jefferson Pilot Broadcasting Company, Channel 12 Sergeant Berry Virginia Department of Corrections, 8 F.3d 817, 4th Cir. (1993)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal for lack of jurisdiction. The appeal sought to challenge a district court's order denying the appellant's motion for production and discovery. The Court of Appeals may only hear appeals from final orders or certain interlocutory orders, but the order being appealed was neither. As the order was not final and did not fall under the limited categories of appealable interlocutory orders, the Court had to dismiss the appeal as premature.

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    United States Court of Appeals, Fourth Circuit

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal for lack of jurisdiction. The appeal sought to challenge a district court's order denying the appellant's motion for production and discovery. The Court of Appeals may only hear appeals from final orders or certain interlocutory orders, but the order being appealed was neither. As the order was not final and did not fall under the limited categories of appealable interlocutory orders, the Court had to dismiss the appeal as premature.

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    of 2

    8 F.

    3d 817

    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.
    Wallace S. DAVIS, Plaintiff-Appellant,
    v.
    Glynis SMITH; Paramount Studios; Jefferson Pilot
    Broadcasting Company, Channel 12; Sergeant Berry;
    Virginia Department of Corrections,
    Defendants-Appellees.
    No. 93-6782.

    United States Court of Appeals,


    Fourth Circuit.
    Albert V. Bryan, Jr., Senior District Judge. (CA-91-747-AM)
    Submitted: SeDL Decided: October 28, 1993.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Alexandria.
    Wallace S. Davis, Appellant Pro Se.
    Ira C. Wolpert, Foley & Lardner, Washington, D.C.; James LeRoy Banks,
    Jr., Christian, Barton, Epps, Brent & Chappell, Richmond, Virginia, for
    Appellees.
    E.D.Va.
    DISMISSED.
    Before RUSSELL* and MURNAGHAN, Circuit Judges, and
    CHAPMAN, Senior Circuit Judge.
    PER CURIAM:

    OPINION
    1

    Appellant appeals the district court's order denying his Motion for Production
    and Discovery. We dismiss the appeal for lack of jurisdiction because the order
    is not appealable.* North Carolina Ass'n of Black Lawyers v. North Carolina
    Bd. of Law Examiners, 538 F.2d 547 (4th Cir. 1976). 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.
    DISMISSED

    Judge Russell did not participate in consideration of this case. The opinion is
    filed by a quorum of the panel pursuant to 28 U.S.C. 46(d) (1988)

    Because of this lack of jurisdiction, we must also refuse Appellant's requests for
    appointment of counsel, change of venue, establishment of a trial date, and
    award of damages and other requested relief

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