Opinion
21-7400
02-23-2022
Sean F. Mescall, Gerald T. Mescall, Appellants Pro Se.
UNPUBLISHED
Submitted: February 17, 2022
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:21-cv-00253-RJC-DCK)
Sean F. Mescall, Gerald T. Mescall, Appellants Pro Se.
Before AGEE and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit. 1
PER CURIAM
Sean F. Mescall and Gerald T. Mescall seek to appeal from the district court's order denying their motions for leave to proceed without prepayment of fees and motion to appoint the United States Marshals to serve summons and complaint. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order the Mescalls seek to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we 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