UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6585
WALTER DUANE WHITE,
Plaintiff – Appellant,
v.
PUSHP K. CLAUDIUS; FREDDIE GORRIDO; SAMUEL L. BATTS; D. R.
STEPHENS,
Defendants – Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
District Judge. (5:09-ct-03191-D)
Submitted: October 14, 2010 Decided: October 21, 2010
Before MOTZ, KING, and DAVIS, Circuit Judges.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Walter Duane White, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Walter Duane White seeks to appeal the district
court’s order denying his motion for the appointment of counsel
and his motion for a preliminary injunction in this Bivens *
action. This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541,
545-46 (1949). The court’s denial of White’s motion for
appointment of counsel is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
dismiss that portion of White’s appeal for lack of jurisdiction.
As for the denial White’s motion for a preliminary injunction,
we have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. White v. Claudius, No. 5:09-ct-03191-D (E.D.N.C.
Apr. 6, 2010). 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 IN PART;
AFFIRMED IN PART
*
Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971).
2