David Perkins v. Lt. W. Donoway; Sgt. S. Wilson; Sgt. L. Ramos

21-7275Court of Appeals for the Fourth CircuitJan 25, 2022

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7275
DAVID PERKINS,
Plaintiff - Appellant,
v.
LT. W. DONOWAY; SGT. S. WILSON; SGT. L. RAMOS,
Defendants - Appellees,
and
EDWARD JOHNSON,
Defendant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Deborah Lynn Boardman, District Judge. (1:20-cv-00811-DLB)
Submitted: January 20, 2022 Decided: January 25, 2022
Before WILKINSON, DIAZ, and THACKER Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Perkins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David Perkins seeks to appeal the district court’s order denying without prejudice
his motion to appoint counsel in his 42 U.S.C. § 1983 proceedings. 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 Perkins seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order. Miller v. Simmons, 814 F.2d 962,
967 (4th Cir. 1987) (holding that denial of motion to appoint counsel is not immediately
appealable). 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 this court and argument would not aid the decisional process.
DISMISSED

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