John Fishback v. Bobby Shearin

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6186 JOHN W. FISHBACK, Plaintiff - Appellant, v. BOBBY SHEARIN, Warden; RICHARD GRAHAM, JR., Asst. Warden; GARY D. MAYNARD, Secretary of Public Safety and Correctional Services; UNKNOWN EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS AND FORMER CONTRACTORS OF THE NORTH BRANCH CORRECTIONAL INSTITUTION AND ROXBURY CORRECTIONAL INSTITUTION, Defendants – Appellees, and JOHN A. ROWLEY, Defendant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Senior District Judge. (1:11-cv-00612-JFM) Submitted: April 19, 2012 Decided: May 3, 2012 Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. John W. Fishback, Appellant Pro Se. Stephanie Judith Lane- Weber, Assistant Attorney General, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: John W. Fishback seeks to appeal the district court’s orders granting the motion to dismiss his claims against one Defendant, granting counsel’s motion to withdraw, and denying his motion to appoint new counsel, stay discovery, and modify scheduling order. 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 orders Fishback seeks to appeal are neither final orders nor appealable interlocutory or collateral orders. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny the motion for appointment of counsel. 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 3