John Dykeman v. Warden, Lieber Correctional, No. 14-6977 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6977 JOHN DYKEMAN, Petitioner - Appellant, v. WARDEN, LIEBER CORRECTIONAL INSTITUTION, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. Jacquelyn Denise Austin, Magistrate Judge. (8:13-cv-02933-MGL-JDA) Submitted: November 20, 2014 Decided: December 3, 2014 Before KEENAN and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. John Dykeman, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Dykeman magistrate judge U.S.C. 2254 § seeks denying (2012) to appeal appointment action. of This an order counsel court of this in may the 28 exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Dykeman seeks nor to appeal is neither a final interlocutory or collateral order. order an appealable See 28 U.S.C. § 636(b)(1) (2012); Fed. R. Civ. P. 72(a). Accordingly, we dismiss the appeal for lack of jurisdiction. Because the appeal does not challenge a final order, we deny as unnecessary Dykeman’s motion for a certificate (2012). legal before of appealability. 28 U.S.C. § 2253(c)(1) We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2

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