MEYERS v. ELY IHO (2020)

David Meyers seeks to appeal the magistrate judge’s order referring the complaint for an evidentiary hearing and precluding Meyers from filing any further motions or documents until the magistrate judge issues his report and recommendation. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2018), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2018); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Meyers seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny as moot Meyers’ motion for leave to proceed on appeal under the Prison Litigation Reform Act without prepayment of fees 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.