Wesley Thomas Gallop, Jr. v. Harold W. Clarke

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6888
WESLEY THOMAS GALLOP, JR.,
Petitioner - Appellant,
v.
HAROLD W. CLARKE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Lawrence Richard Leonard, Magistrate Judge. (2:16-cv-00596-MSD-LRL)
Submitted: November 16, 2017 Decided: November 21, 2017
Before GREGORY, Chief Judge, and TRAXLER and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wesley Thomas Gallop, Jr., Appellant Pro Se. Eugene Paul Murphy, OFFICE OF THE
ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Wesley Thomas Gallop, Jr., seeks to appeal the magistrate judge’s order denying
his motion for appointment of counsel and the magistrate judge’s report recommending
that Gallop’s 28 U.S.C. § 2254 (2012) petition be denied. 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 denying Gallop’s motion for
appointment of counsel and the magistrate judge’s report and recommendation are neither
final orders nor appealable interlocutory or collateral orders. Accordingly, we deny
Gallop’s motion for a certificate of appealability, deny leave to proceed in forma
pauperis, and 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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