Raphael Mendez v. W. Britt, No. 09-6252 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6252 RAPHAEL MENDEZ, Plaintiff - Appellant, v. W. EARL BRITT, Federal Judge; JAMES B. CRAVEN, III, Federal Appointed Counsel; G. ALAN DUBOIS, Federal Appointed Attorney; JANE ELY PEARCE, Federal Appointed Attorney, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-ct-03135-D) Submitted: April 16, 2009 Decided: April 27, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Raphael Mendez, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Raphael Mendez seeks to appeal a district court order in which the Chief Judge recused herself. 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 (1949). to appeal is neither a final interlocutory or collateral order. The order Mendez seeks order nor an appealable Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. We dispense oral with also deny argument the motions because for the discovery. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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