James Willie Smith, Plaintiff-appellant, v. Talmadge Barnett; Mr. Sanders; Dr. Land; J. J. Hayes; P.hicks; R. Tompkins; Dr. Vijaye, Defendants-appellees, 983 F.2d 1057 (4th Cir. 1992)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 983 F.2d 1057 (4th Cir. 1992) Submitted: November 30, 1992Decided: December 29, 1992

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-91-629-CRT-H)

James Willie Smith, Appellant Pro Se.

LaVee Hamer Jackson, Office of the Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.

E.D.N.C.

Dismissed.

Before WILKINS and NIEMEYER, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:


OPINION

James Willie Smith appeals from the district court's denial of his Motion for Appointment of Counsel. We dismiss the appeal for lack of jurisdiction 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

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.