Charles Hinton v. Michael Henderson, No. 11-6096 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6096 CHARLES EVERETTE HINTON, Plaintiff Appellant, v. MICHAEL W. HENDERSON; PETER S. GILCHRIST; TERESA BROADWAY; ANDREW RUDGERS, Probation Officer, Defendants Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Dennis L. Howell, Magistrate Judge. (3:10-cv-00505-RJC-DLH) Submitted: March 31, 2011 Decided: April 6, 2011 Before NIEMEYER, SHEDD, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Charles Everett Hinton, Appellant Pro Se. Sean Francis Perrin, WOMBLE CARLYLE SANDRIDGE & RICE, PLLC, Charlotte, North Carolina; Grady L. Balentine, Jr., Special Deputy Attorney General, Raleigh, North Carolina; Oliver Gray Wheeler, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles Everette Hinton seeks to appeal the magistrate judge s order denying his motion to amend his 42 U.S.C. § 1983 (2006) complaint to add an additional defendant. This court may exercise jurisdiction only over final 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 Hinton seeks Corp., to 337 U.S. appeal is 541, 545-46 neither a (1949). final appealable interlocutory or collateral order. The order order nor an Accordingly, we deny Hinton s request for counsel and dismiss the appeal for lack of jurisdiction. 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 2

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