Woods v. Hill

U.S. Court of Appeals for the Fourth Circuit October 6, 2005

Woods v. Hill, 151 F. App'x 235 (4th Cir. 2005)

Opinion of the Court

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 86(c).

PER CURIAM:

Cornelius R. Woods seeks to appeal the magistrate judge’s order denying without prejudice Woods’ motion for appointment of counsel in this Bivens* action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and *236certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Woods seeks 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 the court and argument would not aid the decisional process.

DISMISSED

Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

Reference

Full Case Name: Cornelius R. WOODS v. Steven HILL Ralph Wylie Doyle Cox Curtis E. Smith Sherman Smith Gary Pegram Shaundra Patterson Beverly McClain Donald Petrisko William Myles Luther Hill Robert Hill Dennis Hawkins Kevin Kiddy Todd Hill Does 1-20, inclusively Joseph Brooks, Defendants—Appellees v. United States of America, Movant—Appellee
Status: Published