Kenneth Newkirk v. DEPARTMENT OF CORRECTIONS, Director

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7097
KENNETH NEWKIRK,
Petitioner - Appellant,
v.
DEPARTMENT OF CORRECTIONS, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Roderick Charles Young,
Magistrate Judge. (3:16-cv-00265-HEH-RCY)
Submitted: November 17, 2016 Decided: November 22, 2016
Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kenneth H. Newkirk, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Kenneth Newkirk seeks to appeal the magistrate judge’s order
directing Newkirk to pay the filing fee or explain why he cannot
and denying a host of motions without prejudice. This court may
exercise jurisdiction only over final orders, 28 U.S.C. § 1291
(2012), and certain interlocutory and collateral orders, 28 U.S.C.
§ 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949). The order Newkirk seeks
to appeal is neither a final order nor an appealable interlocutory
or collateral order. Accordingly, we deny leave to proceed in
forma pauperis and dismiss the appeal for lack of jurisdiction.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
DISMISSED

-- 2 of 2 --