Mendez v. Britt

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 27, 2009
• Docket: 09-6252
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6252

RAPHAEL MENDEZ,

Plaintiff - Appellant,

v.

W. EARL BRITT, Federal Judge; JAMES B. CRAVEN, III, Federal Appointed Counsel; G. ALAN DUBOIS, Federal Appointed Attorney; JANE ELY PEARCE, Federal Appointed Attorney,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-ct-03135-D)

Submitted: April 16, 2009 Decided: April 27, 2009

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Raphael Mendez, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Raphael Mendez seeks to appeal a district court order

in which the Chief Judge recused herself. 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 Mendez seeks

to appeal is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we deny leave

to proceed in forma pauperis and dismiss the appeal for lack of

jurisdiction. We also deny the motions for discovery. 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