Gathers v. Eagleton

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 21, 2009
• Docket: 09-6946
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6946

JOHNNIE GATHERS,

Petitioner - Appellant,

v.

WILLIE L. EAGLETON, Evans Correctional Institution, Warden; HENRY MCMASTER, South Carolina Attorney General,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry M. Herlong, Jr., Senior District Judge. (9:08-cv-03987-HMH-BM)

Submitted: October 15, 2009 Decided: October 21, 2009

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnnie Gathers, Appellant Pro Se. Roy F. Laney, Heath McAlvin Stewart, III, RILEY, POPE & LANEY, LLC, Columbia, South Carolina; Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Johnnie Gathers seeks to appeal the district court’s

order affirming the order of the magistrate judge denying

Gathers’ motion to compel discovery. 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 (1949). The order Gathers 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 deny Gathers’ 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