Coriante L. Pierce v. Sheriff Clarence Birkhead

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6057
CORIANTE L. PIERCE,
Petitioner - Appellant,
v.
SHERIFF CLARENCE BIRKHEAD,
Respondent - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Joe L. Webster, Magistrate Judge. (1:20-cv-00712-WO-JEP)
Submitted: May 20, 2021 Decided: May 25, 2021
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Coriante L. Pierce, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Coriante L. Pierce seeks to appeal the magistrate judge’s recommendation to
dismiss without prejudice Pierce’s 28 U.S.C. § 2241 petition. 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 Pierce seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order. Accordingly, we dismiss this
appeal for lack of jurisdiction and deny Pierce’s motions to appoint counsel and his motion
for bail or release pending appeal. 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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