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United States Court of Appeals, Fourth Circuit

This document summarizes two appeals related to a district court case. It finds that the appeals are not of final orders and are interlocutory in nature. As such, the appeals are dismissed for lack of jurisdiction. The orders appealed involve the denial of motions to amend complaints and submit new evidence, as well as the denial of a motion for reconsideration of a filing fee. As the orders are not final and fall outside the scope of appealable interlocutory orders, the appeals are dismissed.

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34 views2 pages

United States Court of Appeals, Fourth Circuit

This document summarizes two appeals related to a district court case. It finds that the appeals are not of final orders and are interlocutory in nature. As such, the appeals are dismissed for lack of jurisdiction. The orders appealed involve the denial of motions to amend complaints and submit new evidence, as well as the denial of a motion for reconsideration of a filing fee. As the orders are not final and fall outside the scope of appealable interlocutory orders, the appeals are dismissed.

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56 F.

3d 61
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished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of the case and requires service of copies of cited unpublished dispositions of the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.

Clifford Wade EPPERSON, Petitioner-Appellant,


v.
A.A. TUMMINIA, Jail Superintendent; Federal Parole
Department; Mr. Ware, Federal Parole Department;
Federal Bureau of Prisons,
Respondents-Appellees.
Clifford Wade EPPERSON, Petitioner-Appellant,
v.
A.A. TUMMINIA, Jail Superintendent; Federal Parole
Department; Mr. Ware, Federal Parole Department;
Federal Bureau of Prisons, Respondents-Appellees.
Nos. 95-6241, 95-6417.

United States Court of Appeals, Fourth Circuit.


Submitted April 20, 1995.
Decided May 26, 1995.

Clifford Wade Epperson, appellant pro se.


Neal Lawrence Walters, Gilliam, Scott & Kroner, P.C., Charlottesville,
VA; John Francis Corcoran, Office of the United States Attorney,
Roanoke, VA, for appellees.
Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.
PER CURIAM:

In these consolidated appeals, Appellant appeals the magistrate judge's order


denying Appellant's motions to amend his complaint, to name new defendants,
and to submit new evidence (No. 95-6241) and the district court's order

denying Appellant's motion for reconsideration of an assessed partial filing fee


and affirming the magistrate judge's order in No. 95-6241 (No. 95-6417). We
dismiss both appeals for lack of jurisdiction because the orders are 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 orders here appealed are neither final
orders nor appealable interlocutory or collateral orders.
2

We dismiss these appeals 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

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