UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-6008

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL C. HILLIARD, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Elizabeth W. Hanes, Magistrate Judge. (3:17-cr-00044-HEH-EWH-1)

Submitted: June 29, 2021 Decided: July 2, 2021

Before HARRIS, RICHARDSON, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael C. Hilliard, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Michael C. Hilliard seeks to appeal from the magistrate judge’s order denying his motion to appoint counsel in his underlying 28 U.S.C. § 2255 motion. 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 Hilliard 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