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dismissing interlocutory appeal of denial of request for counsel in § 1983 action
Summary of this case from Harbison v. HeadOpinion
No. 08-8024.
Submitted: November 13, 2008.
Decided: November 21, 2008.
Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:08-cv-00390-GCM).
Riccardo Darnell Jones, Appellant Pro Se.
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Riccardo Darnell Jones seeks to appeal the district court's order denying his motions for in camera review and appointment of counsel and dismissing some but not all parties from his 42 U.S.C. § 1983 (2000) action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Jones 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 further deny Jones' motion for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED.