Ballenger v. Barkley

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 4, 2004
• Docket: 03-7977
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7977

STANLEY MARK BALLENGER,

Plaintiff - Appellant,

versus

JOHN BARKLEY, SCDC Inmate Service Coordinator,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Columbia. David C. Norton, District Judge. (CA-03-3333-6-18K)

Submitted: April 29, 2004 Decided: May 4, 2004

Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Stanley Mark Ballenger, Appellant Pro Se. David Michael Tatarsky, SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Stanley M. Ballenger seeks to appeal the magistrate

judge’s order denying his motion for appointed 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 (1949). The order Ballenger 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

the court and argument would not aid the decisional process.

DISMISSED

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