Payne v. Wilson

Fourth Circuit

Payne v. Wilson

699 F. App'x 213

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 20, 2017

DocketNo. 17-6877

StatusPublished

This text of 699 F. App'x 213 (Payne v. Wilson) 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.

Bluebook

Payne v. Wilson, 699 F. App'x 213 (4th Cir. 2017).

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Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Christopher Nelson Payne seeks to appeal the magistrate judge’s order denying his motion to appoint counsel. 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 Payne seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Miller v. Simmons, 814 F.2d 962, 967 (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 this court and argument would not aid the decisional process.

DISMISSED

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Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Christopher Nelson Payne seeks to appeal the magistrate judge’s order denying his motion to appoint counsel. 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 Payne seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Miller v. Simmons, 814 F.2d 962, 967 (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 this court and argument would not aid the decisional process.

DISMISSED

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Bluebook (online)

699 F. App'x 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-wilson-ca4-2017.

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