Woods v. Hill

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 6, 2005
• Docket: 05-6656
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6656

CORNELIUS R. WOODS,

Plaintiff - Appellant,

versus

STEVEN HILL; RALPH WYLIE; DOYLE COX; CURTIS E. SMITH; SHERMAN SMITH; GARY PEGRAM; SHAUNDRA PATTERSON; BEVERLY MCCLAIN; DONALD PETRISKO; WILLIAM MYLES; LUTHER HILL; ROBERT HILL; DENNIS HAWKINS; KEVIN KIDDY; TODD HILL; DOES 1-20, inclusively; JOSEPH BROOKS,

Defendants - Appellees,

UNITED STATES OF AMERICA,

Movant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge; M. Hannah Lauck, Magistrate Judge. (CA-04-124-REP)

Submitted: September 29, 2005 Decided: October 6, 2005

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion. Cornelius R. Woods, Appellant Pro Se. Debra Jean Prillaman, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

Cornelius R. Woods seeks to appeal the magistrate judge’s

order denying without prejudice Woods’ motion for appointment of

counsel in this Bivens* action. This court may exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and

certain interlocutory and collateral orders, 28 U.S.C. § 1292

(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541 (1949). The order Woods seeks to appeal is

neither a final order nor an appealable 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

the court and argument would not aid the decisional process.

DISMISSED

* Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

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