Timothy Mueller v. John Jabe, No. 10-7405 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7405 TIMOTHY R. MUELLER, Plaintiff Appellant, v. JOHN M. JABE, Deputy Director of Operations, Defendant Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:10-cv-00239-jlk-mfu) Submitted: December 16, 2010 Decided: December 29, 2010 Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Timothy R. Mueller, Appellant Pro Se. John Michael Parsons, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy R. Mueller seeks to appeal the district court s order denying his motions to appoint counsel, for class certification, and to amend his complaint. No final judgment has been entered in the underlying case, which remains pending in the district court. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 54(b); Cohen v. 545-46 (1949). district 28 U.S.C. Beneficial § 1292 Indus. (2006); Loan Fed. Corp., R. 337 Civ. U.S. P. 541, To the extent that Mueller seeks to appeal the court s denial of his motions for appointment of counsel and to amend his complaint, we lack jurisdiction over the appeal in the absence of a final judgment. Further, although an interlocutory appeal of the denial of a motion for class certification may proceed with leave of this court, Fed. R. Civ. P. 23(f); Fed. see R. App. P. 5, Mueller has not lack of properly petitioned this court for such leave. Accordingly, jurisdiction. We we deny dismiss Mueller s the appeal motion to for this court for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the 2 materials before the court and argument would not aid the decisional process. DISMISSED 3

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