William H. Henley, Plaintiff-appellant, v. William Wallace, Warden, in Individual and Officialcapacity; Leon Howard, Deputy Warden, in Officialand Individual Capacity, Defendants-appellees, 60 F.3d 822 (4th Cir. 1995)

Appellant seeks to appeal the district court's order affirming the magistrate judge's order denying Appellant's motions to appoint counsel and for discovery. 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 Industrial Local Corp., 337 U.S. 541 (1949). The order at issue is neither a final order nor an appealable interlocutory or collateral order.

We, consequently, dismiss the appeal and deny Appellant's motion to reverse the district court. 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