James May v. Scott Brain

U.S. Court of Appeals for the Fourth Circuit

James May v. Scott Brain

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7563

JAMES ANTHONY MAY,

Plaintiff - Appellant,

v.

SCOTT BRAIN; JAMES R. CHELLIS; JANE DOE; DR. PHILLIP PERKINS,

Defendants - Appellees.

No. 11-7564

JAMES ANTHONY MAY,

Plaintiff - Appellant,

v.

DR. NINA WARD; NURSE G. MULLEN,

Defendants - Appellees.

Appeals from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:11-ct-03088-FL; 5:11-ct-03065-FL)

Submitted: January 31, 2012 Decided: February 3, 2012

Before NIEMEYER, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion. James Anthony May, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

James Anthony May seeks to appeal the district court’s

orders directing May to notify the district court how he

intended to proceed in his two separately filed

42 U.S.C. § 1983

(2006) actions. This court may exercise jurisdiction only over

final orders,

28 U.S.C. § 1291

(2006), and certain interlocutory

and collateral orders,

28 U.S.C. § 1292

(2006); Fed. R. Civ. P.

54(b); Cohen v. Beneficial Indus. Loan Corp.,

337 U.S. 541

, 545-

46 (1949). The orders May seeks to appeal are neither final

orders nor appealable interlocutory or collateral orders.

Accordingly, we dismiss the appeals for lack of jurisdiction.

We further deny May’s motion for appointment of counsel in

Appeal No. 11-7563. 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

3

Reference

Status
Unpublished