Gregory Clinton v. Cheryl Riley, No. 20-7525 (4th Cir. 2020)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7525 GREGORY K. CLINTON, Plaintiff - Appellant, v. CHERYL DEAN RILEY, in her individual capacity, Defendant - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Omar Jawdat Aboulhosn, Magistrate Judge. (3:20-cv-00151-TEJ-OJA) Submitted: December 22, 2020 Decided: December 29, 2020 Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Gregory K. Clinton, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gregory K. Clinton seeks to appeal the magistrate judge’s order denying Clinton’s motion for appointment of counsel in his underlying civil action, filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 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 Clinton 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 dismiss the appeal for lack of jurisdiction. We deny Clinton’s motions for summary judgment and to amend his appeal and correct the judgment. We further deny as moot Clinton’s motion to expedite and for release pending resolution of this appeal. 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
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
