Milton v. Weatherholtz

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6372 GREGORY ALLEN MILTON, Plaintiff - Appellant, versus GLENN WEATHERHOLTZ; WILLIAM MEADOWS; T. WALTON, Sergeant; DAN L. BLYE, Deputy; DON FARLEY, Sheriff, Defendants - Appellees. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (CA-96-27-R) Submitted: August 15, 1996 Decided: August 20, 1996 Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Gregory Allen Milton, Appellant Pro Se. James Morton Bowling, IV, ST. JOHN, BOWLING & LAWRENCE, Charlottesville, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the district court's order denying his motion to reconsider the magistrate judge's order denying the ap- pointment of counsel. We dismiss the appeal for lack of jurisdic- tion because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. 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