Coker v. Powers

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6520

ROBERT COKER,

Plaintiff – Appellant,

v.

WARDEN LARRY POWERS; SPARTANBURG COUNTY DETENTION CENTER; OFFICER GREER,

Defendants – Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. Henry F. Floyd, District Judge. (4:09-cv-03332-HFF-TER)

Submitted: September 28, 2010 Decided: October 5, 2010

Before WILKINSON, SHEDD, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Coker, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Robert Coker seeks to appeal the district court’s

order adopting the recommendation of the magistrate judge and

dismissing Coker’s 42 U.S.C. § 1983 (2006) complaint against one

of the Defendants. This court may exercise jurisdiction only

over final orders, 28 U.S.C. § 1291 (2006), and certain

interlocutory and collateral orders, 28 U.S.C. § 1292 (2006);

Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,

337 U.S. 541, 545-46 (1949). The order Coker seeks to appeal is

neither a final order nor an appealable interlocutory or

collateral order. Accordingly, we dismiss the appeal for lack

of jurisdiction and deny Coker’s motion to appoint 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