McCoy v. Prado

U.S. Court of Appeals for the Fourth Circuit

McCoy v. Prado

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7588

FRANKIE L. MCCOY, SR.,

Plaintiff - Appellant,

versus

MARTA PRADO; DOCTOR WAYNE; DORTHY TRIBBLE, Admin-Nurse, Individual and Official Capacity; LOUISE STEWARD, Assistant Warden; JAMES PEGEUESS, Chief of Security; L. CHANEY, Cap- tain; R. MARTIN, Lieutenant; SERGEANT COWAN; D. INGRAM, Sergeant; MARLENE SHELBY,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-99- 1464-L)

Submitted: January 13, 2000 Decided: January 20, 2000

Before WIDENER, WILKINS, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Frankie L. McCoy, Sr., Appellant Pro Se. Donald Joseph Crawford, GODARD, WEST & ADELMAN, P.C., Rockville, Maryland; John Joseph Curran, Jr., Attorney General, Gloria Wilson Shelton, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Frankie L. McCoy, Sr., appeals the district court’s order

denying his motion for appointment of counsel. We dismiss the ap-

peal for lack of jurisdiction because the order is not appealable.

This court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

(1994), and certain interlocutory and collateral

orders,

28 U.S.C. § 1292

(1994); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

337 U.S. 541

(1949). The order here

appealed is neither a final order nor an appealable interlocutory

or collateral order. See Miller v. Simmons,

814 F.2d 962, 967

(4th

Cir. 1987).

We therefore 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.

DISMISSED

2

Reference

Status
Unpublished