Robert H. Johnson v. DREW STANLEY, Superintendent, Warren Correctional Institution

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6225
ROBERT H. JOHNSON,
Petitioner - Appellant,
v.
DREW STANLEY, Superintendent, Warren Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of North Carolina,
at Statesville. Frank D. Whitney, Chief District Judge. (5:18-cv-00144-FDW)
Submitted: April 25, 2019 Decided: April 30, 2019
Before FLOYD and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Robert H. Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert H. Johnson seeks to appeal the district court’s order denying his motions to
clarify and to appoint counsel in his 28 U.S.C. § 2254 (2012) proceedings. 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 (1949). The order Johnson seeks
to appeal is neither a final order nor an appealable interlocutory or collateral order.
Accordingly, we deny Johnson’s motion to appoint counsel and 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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