US v. Shantavius Johnson, No. 20-7316 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7316 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHANTAVIUS DAVONE JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., Senior District Judge. (8:18-cr-00483-HMH-1) Submitted: November 19, 2020 Decided: November 24, 2020 Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges. Dismissed by unpublished per curiam opinion. Shantavius Davone Johnson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Shantavius Davone Johnson seeks to appeal the district court’s denial of his motion for appointment of counsel to file a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Johnson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Miller v. Simmons, 814 F.2d 962, 967 (4th Cir. 1987). Accordingly, we deny as unnecessary Johnson’s motion for judicial notice, and we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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