UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6326
HAROLD SMITH,
Petitioner - Appellant,
versus
ALBERTO R. GONZALES; HARLEY G. LAPPIN; RICHARD
HOLT; JOHN J. LAMANNA,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(6:06-cv-00130-HFF)
Submitted: October 31, 2006 Decided: November 3, 2006
Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Harold Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Harold Smith, a federal prisoner, seeks to appeal the
district court’s order affirming the magistrate judge’s order
denying Smith’s motion for appointment of counsel in his action
filed under 28 U.S.C. § 2241 (2000). 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 Smith seeks to appeal is
neither a final order nor an appealable interlocutory or collateral
order. Accordingly, we dismiss the appeal for lack of
jurisdiction.* Smith’s motion for leave to perpetuate testimony
pending appeal is denied. 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
*
To the extent that Smith seeks to challenge the magistrate
judge’s order denying Smith’s motion to stay his case pending his
transfer to another facility, he failed to appeal this order to the
district court and therefore has waived further review. Fed. R.
Civ. P. 72(a).
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