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    United States Court of Appeals, Fourth Circuit

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    The document is a court order dismissing an appeal for lack of jurisdiction. The appellant had appealed the district court's denial of his motion for appointment of counsel in an ongoing civil rights case. The court order states that the denial of a motion for appointment of counsel is not a final or appealable interlocutory order, so the appellate court does not have jurisdiction to hear the appeal. The court dismisses the appeal as interlocutory and also denies the appellant's motion for appointment of counsel at the appellate level.

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    United States Court of Appeals, Fourth Circuit

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    The document is a court order dismissing an appeal for lack of jurisdiction. The appellant had appealed the district court's denial of his motion for appointment of counsel in an ongoing civil rights case. The court order states that the denial of a motion for appointment of counsel is not a final or appealable interlocutory order, so the appellate court does not have jurisdiction to hear the appeal. The court dismisses the appeal as interlocutory and also denies the appellant's motion for appointment of counsel at the appellate level.

    Original Description:

    Filed: 1994-03-18 Precedential Status: Non-Precedential Citations: 19 F.3d 1428 Docket: 94-6080

    Original Title

    David Felton v. Lee Bounds Marvin Sparrow Marvin L. Polk Assistant Superintendent Edmonds Assistant Superintendent Abbot Assistant Superintendent Overman Assistant Superintendent Dement Nurse Moon Nurse Pace Nurse Sharon Nurse Bailey Doctor Shan Disciplinary Board, and Assistant Superintendent Lynch R. Bunn Doctor Mobley, 19 F.3d 1428, 4th Cir. (1994)

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    The document is a court order dismissing an appeal for lack of jurisdiction. The appellant had appealed the district court's denial of his motion for appointment of counsel in an ongoing civil rights case. The court order states that the denial of a motion for appointment of counsel is not a final or appealable interlocutory order, so the appellate court does not have jurisdiction to hear the appeal. The court dismisses the appeal as interlocutory and also denies the appellant's motion for appointment of counsel at the appellate level.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    10 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The document is a court order dismissing an appeal for lack of jurisdiction. The appellant had appealed the district court's denial of his motion for appointment of counsel in an ongoing civil rights case. The court order states that the denial of a motion for appointment of counsel is not a final or appealable interlocutory order, so the appellate court does not have jurisdiction to hear the appeal. The court dismisses the appeal as interlocutory and also denies the appellant's motion for appointment of counsel at the appellate level.

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    of 2

    19 F.

    3d 1428

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    David FELTON, Plaintiff Appellant,
    v.
    Lee BOUNDS; Marvin Sparrow; Marvin L. Polk; Assistant
    Superintendent Edmonds; Assistant Superintendent Abbot;
    Assistant Superintendent Overman; Assistant Superintendent
    Dement; Nurse Moon; Nurse Pace; Nurse Sharon; Nurse
    Bailey; Doctor Shan; Disciplinary Board, Defendants
    Appellees,
    and
    ASSISTANT SUPERINTENDENT LYNCH; R. Bunn; Doctor
    Mobley, Defendants.
    No. 94-6080.

    United States Court of Appeals, Fourth Circuit.


    Submitted Feb. 17, 1994.
    Decided March 18, 1994.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. Terrence W. Boyle, District Judge.
    David Felton, appellant Pro Se.
    Jane Ray Garvey, Office of the Attorney General of North Carolina,
    Raleigh, NC, for appellees.
    E.D.N.C.
    DISMISSED.
    Before RUSSELL, MURNAGHAN, and WILLIAMS, Circuit Judges.

    PER CURIAM:

    Appellant appeals the district court's denial of his motion for appointment of
    counsel in his pending 42 U.S.C. Sec. 1983 (1988) action. 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. Sec. 1291 (1988),
    and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292 (1988);
    Fed.R.Civ.P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541
    (1949). The order here appealed is neither a final order nor an appealable
    interlocutory or collateral order. Miller v. Simmons, 814 F.2d 962, 964-65 (4th
    Cir.) (orders denying motion for appointment of counsel in civil cases not
    immediately appealable), cert. denied, 484 U.S. 903 (1987).

    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

    We also deny Appellant's motion for appointment of counsel

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