McClain v. North Carolina Department of Public Safety
This text of 667 F. App'x 74 (McClain v. North Carolina Department of Public Safety) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Unpublished opinions are not binding precedent in this circuit.
Bart Fitzgerald McClain seeks to appeal the district court’s order of February 5, 2016, denying McClain’s motion to appoint counsel and for a subpoena. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order McClain seeks to appeal is neither a final order nor an ap-pealable 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 this court and argument would not aid the decisional process.
DISMISSED
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
667 F. App'x 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-north-carolina-department-of-public-safety-ca4-2016.