Gregory Clinton v. Elizabeth Grant, No. 20-7551 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7551 GREGORY K. CLINTON, Plaintiff - Appellant, v. ELIZABETH D. GRANT, In her individual capacity; UNITED STATES OF AMERICA, Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, Chief District Judge. (3:20-cv-00178-GMG-RWT) 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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 filed the underlying civil action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Clinton seeks to appeal the district court’s order overruling his objections to the magistrate judge’s order denying Clinton’s motion to appoint counsel. 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 to amend and for recusal and deny as moot his 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

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