Neal v. Miller

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6773 WILBERT ANTHONY NEAL, Plaintiff - Appellant, versus STEVEN C. MILLER, Supervising, US Probation Officer; STEVEN LABIER, Bureau of Prison; JOSEPH B. STEELMAN, JR., Chief, US Probation Office, Defendants - Appellees, and JAMES A. BEATY, JR., United States District Judge, Defendant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Matthew J. Perry, Jr., Senior District Judge. (CA-03-134-9-10BG) Submitted: July 10, 2003 Decided: July 17, 2003 Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Wilbert Anthony Neal, Appellant Pro Se. Robert F. Daley, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Wilbert Anthony Neal seeks to appeal the district court’s order granting Appellees’ motion for partial summary judgment and removing a federal district court judge from the complaint. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Neal seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Neal’s motions for appointment of counsel and for oral argument. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2