Jamal Azeez v. Kristen Keller, No. 10-1515 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1515 JAMAL A. AZEEZ, Plaintiff Appellant, v. KRISTEN L. KELLER, Assistant Prosecuting Attorney; LAWRENCE FRAIL, Chief Prosecuting Attorney; BRUCE K. LAZENBY, Former Prosecuting Attorney; FRANCIS M. CURNUTTE, III, Attorney at Law; CEDRIC ROBERTSON, Police Officer; DAVID H. COOK, Police Officer; BILLY COLE, Chief of Police; JOHN HUTCHINSON, County Judge; JANICE B. DAVIS, Clerk of Court, Defendants Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Irene C. Berger, District Judge. (5:06-cv-00106) Submitted: December 1, 2010 Decided: January 25, 2011 Before WILKINSON, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Jamal A. Azeez, Appellant Pro Se. Kevin John Robinson, Chip E. Williams, PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Beckley, West Virginia; Francis M. Curnutte, III, FARMER, CLINE & CAMPBELL, PLLC, Charleston, West Virginia; John Michael Hedges, Teresa Jean Lyons, BYRNE, HEDGES & LYONS, Morgantown, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Jamal A. Azeez seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying his motion for expungement of criminal records. court may exercise jurisdiction only over final This 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, 545-46 (1949). The order Azeez seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Azeez s motions to expedite and dispense with oral argument because the facts and materials legal before contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 3

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