Kenneth Newkirk v. Louis Lerner

U.S. Court of Appeals for the Fourth Circuit

Kenneth Newkirk v. Louis Lerner

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-8007

KENNETH NEWKIRK,

Plaintiff - Appellant,

v.

LOUIS LERNER, Judge, Circuit Court; ANTON BELL, District Attorney; GEORGE ROGERS, Attorney, Stand By; LINDA SMITH, Clerk of Circuit Court; CHARLES HADEN, Appeal Lawyer; RODNEY, Detective, Hampton Police Department; ASHLEY KELLY, Daily Press Writer; MONAE DEBRA WATERS-OWENS; THOMAS SHERRAD KEARNEY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:12-cv-00410-HEH)

Submitted: February 21, 2013 Decided: February 26, 2013

Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kenneth Newkirk, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kenneth Newkirk seeks to appeal the magistrate judge’s

order granting him leave to proceed in forma pauperis in his

42 U.S.C. § 1983

(2006) action and denying without prejudice his

motion to transfer, motion to amend, and motion for appointment

of counsel. 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 order Newkirk 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

this court and argument would not aid the decisional process.

DISMISSED

2

Reference

Status
Unpublished