Jimmy Roberts v. Frank Perry, No. 20-6050 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6050 JIMMY ALLEN ROBERTS, Plaintiff - Appellant, v. FRANK L. PERRY, Secretary, North Carolina Department of Public Safety, Department of Adult Correction (Official Capacity); KENNETH LASSITER, Director, North Carolina Department of Public Safety, Department of Adult Correction (Official Capacity), Defendants - Appellees, and NORTH CAROLINA PRISONER LEGAL SERVICES INC., Defendant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Frank D. Whitney, Chief District Judge. (1:17-cv-00063-FDW) Submitted: May 21, 2020 Decided: May 27, 2020 Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jimmy Allen Roberts, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Jimmy Allen Roberts seeks to appeal the district court’s order denying Roberts’ motion for the appointment of counsel in his ongoing 42 U.S.C. § 1983 (2018) civil rights action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2018), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2018); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Roberts seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss this appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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