57 F. 3d 1066 - Gantt v. Maryland Division of Correction

Appellant appeals from the district court's order finding his motion to change venue moot, denying his motion to recuse the district court judge and the magistrate judge, and directing the United States Marshal to serve process on five Defendants named in his amended complaint filed pursuant to 42 U.S.C. Sec. 1983 (1988). 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. 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 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. Finally, we note that this is Appellant's fourth interlocutory appeal in the instant case and caution him that if he files any further interlocutory appeals, he may be subject to a sanction of costs and attorney's fees under Fed. R.App. P. 38.