Wise v. SC Dept of Corrections

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6972 GARY L. WISE, Plaintiff - Appellant, versus SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; MICHAEL SHEEDY, Warden; ICKES, Mailroom Clerk; T. BAGNEL, School Principal; K. RAINWATER, ICG; J. ROSE, Associate Warden; J. HAM, Computer Teacher; MAJOR BLACKWELL; H. HESTER, Captain; B. HOLLADAY, Librarian; H. GARDNER, Officer, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:06-cv-00802-HFF) Submitted: August 31, 2006 Decided: September 8, 2006 Before MICHAEL, MOTZ, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Gary L. Wise, Appellant Pro Se. John Evans James, III, LEE, ERTER, WILSON, JAMES, HOLLER & SMITH, L.L.C., Sumter, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Gary L. Wise seeks to appeal the district court’s order denying his motion for the appointment of counsel. 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 Wise seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Miller v. Simmons, 814 F.2d 962, 964 (4th Cir. 1987). 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 the court and argument would not aid the decisional process. DISMISSED - 2 -