Mayo v. Shelor

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 27, 2002
• Docket: 02-6708
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6708

MICHAEL MAYO,

Plaintiff - Appellant,

versus

MONTY SHELOR, Correctional Officer; TERRY HALL, Correctional Officer; CHAD SHIFFLET, Sergeant, Correctional Officer,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Magistrate Judge. (CA-02-481-7)

Submitted: June 20, 2002 Decided: June 27, 2002

Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael Mayo, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Michael Mayo appeals the district court’s order denying his

motion to appoint counsel in his § 1983 action. We dismiss the

appeal for lack of jurisdiction because the order is not

appealable. This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and

collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b);

Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The

order here appealed is neither a final order nor an appealable

interlocutory or collateral order.

Accordingly, we dismiss the appeal as interlocutory and deny

Mayo’s motion for appointment of appellate 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