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  • Herbin v. Woods, 4th Cir. (2007)

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    Thomas Herbin appealed a district court order denying his motion for appointment of counsel in his habeas corpus case. The appeals court found that the order was not a final judgment and did not fall into the narrow categories of appealable interlocutory or collateral orders. As such, the appeals court lacked jurisdiction and dismissed the appeal. The unpublished opinion is not binding precedent in the Fourth Circuit.

    Original Description:

    Filed: 2007-08-10 Precedential Status: Non-Precedential Docket: 07-6071

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    Thomas Herbin appealed a district court order denying his motion for appointment of counsel in his habeas corpus case. The appeals court found that the order was not a final judgment and did not fall into the narrow categories of appealable interlocutory or collateral orders. As such, the appeals court lacked jurisdiction and dismissed the appeal. The unpublished opinion is not binding precedent in the Fourth Circuit.

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    Public Domain
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    8 views2 pages

    Herbin v. Woods, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Thomas Herbin appealed a district court order denying his motion for appointment of counsel in his habeas corpus case. The appeals court found that the order was not a final judgment and did not fall into the narrow categories of appealable interlocutory or collateral orders. As such, the appeals court lacked jurisdiction and dismissed the appeal. The unpublished opinion is not binding precedent in the Fourth Circuit.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6071

    THOMAS LARRY HERBIN,


    Petitioner - Appellant,
    versus
    DON WOODS, Superintendent,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
    District Judge. (5:06-hc-02191-FL)

    Submitted:

    July 27, 2007

    Decided:

    August 10, 2007

    Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit
    Judge.

    Dismissed by unpublished per curiam opinion.

    Thomas Larry Herbin, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Thomas Larry Herbin seeks to appeal the district courts
    order denying his motion for appointment of counsel.

    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 Herbin seeks to appeal

    is

    an

    neither

    final

    collateral order.
    Cir. 1987).

    order

    nor

    appealable

    interlocutory

    or

    See Miller v. Simmons, 814 F.2d 962, 964 (4th

    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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