Payne v. Wilson
Opinion of the Court
Unpublished opinions are not binding precedent in this circuit.
Christopher Nelson Payne seeks to appeal the magistrate judge’s order denying his motion to appoint counsel. 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 Payne seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Miller v. Simmons, 814 F.2d 962, 967 (4th Cir. 1987). 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
Reference
- Full Case Name
- Christopher Nelson PAYNE v. William WILSON, Warden RSW Jail Witley, NRADC RN Sheila Miller, NRADC Penny Holt, RSW, and Chris Williams, Captain Medical Staff
- Status
- Published