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Herein v. Woods

United States Court of Appeals, Fourth Circuit
Aug 10, 2007
235 F. App'x 135 (4th Cir. 2007)

Opinion

No. 07-6071.

Submitted: July 27, 2007.

Decided: August 10, 2007.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:06-hc-02191-FL).

Thomas Larry Herbin, pro se.

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Thomas Larry Herbin seeks to appeal the district court's order denying his motion for appointment of counsel. 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 Herbin seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Miller v. Simmons, 814 F.2d 962, 964 (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 the court and argument would not aid the decisional process.

DISMISSED.


Summaries of

Herein v. Woods

United States Court of Appeals, Fourth Circuit
Aug 10, 2007
235 F. App'x 135 (4th Cir. 2007)
Case details for

Herein v. Woods

Case Details

Full title:Thomas Larry HERBIN, Petitioner-Appellant, v. Don WOODS, Superintendent…

Court:United States Court of Appeals, Fourth Circuit

Date published: Aug 10, 2007

Citations

235 F. App'x 135 (4th Cir. 2007)