David Perkins v. W. Donoway

U.S. Court of Appeals for the Fourth Circuit January 25, 2022

Opinion

USCA4 Appeal: 21-7275 Doc: 12 Filed: 01/25/2022 Pg: 1 of 2

No. 21-7275

Plaintiff - Appellant,

Defendants - Appellees,

and

Defendant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Deborah Lynn Boardman, District Judge. (1:20-cv-00811-DLB)

Submitted: January 20, 2022 Decided: January 25, 2022

Before WILKINSON, DIAZ, and THACKER Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Perkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-7275 Doc: 12 Filed: 01/25/2022 Pg: 2 of 2

David Perkins seeks to appeal the district court’s order denying without prejudice

his motion to appoint counsel in his

42 U.S.C. § 1983

proceedings. 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 Perkins seeks to appeal is neither a final

order nor an appealable interlocutory or collateral order. Miller v. Simmons,

(4th Cir. 1987) (holding that denial of motion to appoint counsel is not immediately

appealable). 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.