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  • Garrett v. Diversified Industrial, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Banoro Garrett's appeal of a district court order denying his motion for appointment of counsel in his Title VII action. The court determined it lacked jurisdiction to hear the appeal because the order was neither a final judgment nor an appealable interlocutory or collateral order. As the order was not final and did not fall under the limited exceptions, the court dismissed the appeal for lack of jurisdiction.

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    Filed: 2007-03-28 Precedential Status: Non-Precedential Docket: 06-7520

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    The United States Court of Appeals for the Fourth Circuit dismissed Banoro Garrett's appeal of a district court order denying his motion for appointment of counsel in his Title VII action. The court determined it lacked jurisdiction to hear the appeal because the order was neither a final judgment nor an appealable interlocutory or collateral order. As the order was not final and did not fall under the limited exceptions, the court dismissed the appeal for lack of jurisdiction.

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    11 views2 pages

    Garrett v. Diversified Industrial, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Banoro Garrett's appeal of a district court order denying his motion for appointment of counsel in his Title VII action. The court determined it lacked jurisdiction to hear the appeal because the order was neither a final judgment nor an appealable interlocutory or collateral order. As the order was not final and did not fall under the limited exceptions, the court dismissed the appeal for lack of jurisdiction.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7520

    BANORO GARRETT,
    Plaintiff - Appellant,
    versus
    DIVERSIFIED INDUSTRIAL CONCEPTS, INCORPORATED,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (2:04-cv-00426-RAJ)

    Submitted:

    March 22, 2007

    Decided:

    March 28, 2007

    Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Banoro Garrett, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Banoro Garrett seeks to appeal the district courts order
    denying his motion for appointment of counsel filed in his Title
    VII 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 Garrett 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

    - 2 -

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