U.S. Court of Appeals for the Fourth Circuit, 2014

John Dykeman v. Warden, Lieber Correctional

John Dykeman v. Warden, Lieber Correctional
U.S. Court of Appeals for the Fourth Circuit · Decided December 3, 2014 · Keenan, Wynn, Hamilton
586 F. App'x 131

John Dykeman v. Warden, Lieber Correctional

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*132 PER CURIAM:

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.

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