Herbin v. Woods

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6071

THOMAS LARRY HERBIN,

Petitioner - Appellant,

versus

DON WOODS, Superintendent,

Respondent - Appellee.

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)

Submitted: July 27, 2007 Decided: August 10, 2007

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

Dismissed by unpublished per curiam opinion.

Thomas Larry Herbin, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

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 (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

- 2 -