McCoy v. Clark

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 1, 2002
• Docket: 02-6176
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6176

FRANKIE L. MCCOY, SR., Disabled Prisoner,

Plaintiff - Appellant,

versus

WILLIAM CLARK, Major, 4-12 Shift; D. TAYLOR, Sergeant, 4-12 Shift; R. KOPPEL, Major, 8-4 Shift; L. CHANNEY, Captain, 8-4 Shift; UNKNOWN NAMED DEFENDANTS, each defendant is individual and official capacity being sued,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-00- 900-L)

Submitted: March 21, 2002 Decided: April 1, 2002

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Frankie L. McCoy, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Frankie L. McCoy, Sr., appeals the district court’s order

denying his motion seeking to recuse the district court judge. 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.

We dismiss the appeal as interlocutory. 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