Gregory Clinton v. Hudgins

U.S. Court of Appeals for the Fourth Circuit

Gregory Clinton v. Hudgins

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7527

GREGORY K. CLINTON,

Petitioner - Appellant,

v.

MR. HUDGINS,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, Chief District Judge. (3:20-cv-00073-GMG-RWT)

Submitted: December 22, 2020 Decided: December 29, 2020

Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gregory K. Clinton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Gregory K. Clinton seeks to appeal the district court’s order denying his motion to

recuse the district court judge presiding over his pending

28 U.S.C. § 2241

petition. This

court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

, and certain

interlocutory and collateral orders,

28 U.S.C. § 1292

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

Beneficial Indus. Loan Corp.,

337 U.S. 541, 545-46

(1949). The order Clinton 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 deny Clinton’s motion for

allocution and request for a hearing and deny as moot Clinton’s motion to expedite and for

release pending resolution of this appeal. 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Unpublished