John Dykeman v. Warden, Lieber Correctional
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
John Dykeman seeks to appeal an order of the magistrate judge denying appointment of counsel in this'28 U.S.C. § 2254 (2012) action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders., 28 U.S.C. § 1292 (2012); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Dykeman seeks to appeal is neither a final order nor an appeal-able interlocutory or collateral order. See 28 U.S.C. § 636(b)(1) (2012); Fed.R.Civ.P. 72(a). Accordingly, we dismiss the appeal for lack of jurisdiction. Because the appeal does not challenge a final order, we deny as unnecessary Dykeman’s motion for a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2012). 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.
Reference
- Full Case Name
- John DYKEMAN, Petitioner-Appellant, v. WARDEN, LIEBER CORRECTIONAL INSTITUTION, Respondent-Appellee
- Status
- Unpublished