Opinion
No. 19-6225
04-30-2019
ROBERT H. JOHNSON, Petitioner - Appellant, v. DREW STANLEY, Superintendent, Warren Correctional Institution, Respondent - Appellee.
Robert H. Johnson, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:18-cv-00144-FDW) Before FLOYD and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Robert H. Johnson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Robert H. Johnson seeks to appeal the district court's order denying his motions to clarify and to appoint counsel in his 28 U.S.C. § 2254 (2012) proceedings. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Johnson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Johnson's motion to appoint counsel and 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