UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-1841

GREG P. GIVENS,

Plaintiff – Appellant,

v.

SCOTT R. SMITH, individually and collectively; KEITH C. GAMBLE, individually and collectively; STEPHEN M. FOWLER, individually and collectively; D. LUKE FURBEE, individually and collectively; OFFICER S. A. ZIMMERMAN, individually and collectively; OFFICER D. L. ROBINSON, individually and collectively; COUNTY OF OHIO, West Virginia, individually and collectively; HONORABLE JAMES P. MAZZONE, individually and collectively; HONORABLE ARTHUR M. RECHT, individually and collectively; HONORABLE RONALD E. WILSON, individually and collectively; KENNETH W. BLAKE, individually and collectively; JULIE L. KREEFER, individually and collectively; TONI VANCAMP, individually and collectively; THE STATE JOURNAL, individually and collectively; SUSAN HAMRICK, individually and collectively,

Defendants – Appellees,

and

J. C. WEAVER,

Movant.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:12-cv-00155-FPS-JES)

Submitted: November 21, 2013 Decided: November 25, 2013 Before KING, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Greg P. Givens, Appellant Pro Se. Diane G. Senakievich, David Lee Wyant, BAILEY & WYANT, PLLC, Wheeling, West Virginia; Kenneth Louis Hopper, PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Morgantown, West Virginia; Deva A. Solomon, Monte Lee Williams, STEPTOE & JOHNSON, LLP, Morgantown, West Virginia; John Michael Hedges, Teresa Jean Lyons, HEDGES LYONS & SHEPHERD, Morgantown, West Virginia; Kevin A. Nelson, HUDDLESTON & BOLEN, LLP, Charleston, West Virginia; Robert Gregory McDermott, MCDERMOTT & BONENBERGER, PLLC, Wheeling, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Greg P. Givens seeks to appeal the district court’s

order adopting the report and recommendation of the magistrate

judge and granting in part and denying in part Defendants’

motion to dismiss, and imposing a prefiling injunction. This

court may exercise jurisdiction only over final orders,

(2006), and certain interlocutory and collateral

orders,

(2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

(1949). The

order Givens seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Accordingly, we

deny leave to proceed in forma pauperis and dismiss the appeal

for lack of jurisdiction. We deny Givens’ motions to strike and

for appointment of counsel. 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

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