Antonio Marco Herrera v. Harold W. Clarke

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6481
ANTONIO MARCO HERRERA,
Petitioner - Appellant,
v.
HAROLD W. CLARKE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Liam O’ Grady, Senior District Judge. (1:19-cv-01301-LO-JFA)
Submitted: September 24, 2020 Decided: September 29, 2020
Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Antonio Marco Herrera, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Antonio Marco Herrera seeks to appeal the district court’s order denying without
prejudice his motion to appoint counsel in his pending 28 U.S.C. § 2254 action. This court
may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory
and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949). The order Herrera seeks to appeal is neither a
final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the
appeal for lack of jurisdiction and deny Herrera’s motion for appointment of counsel on
appeal and injunctive relief. 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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