John Dykeman v. Warden, Lieber Correctional , 586 F. App'x 131 ( 2014 )

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 seeks to appeal an order of the
magistrate judge denying appointment of counsel in this 28
U.S.C. § 2254 (2012) action. This court may 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 to appeal is neither a final order nor an appealable
interlocutory or collateral order. 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 of appealability. 28 U.S.C. § 2253(c)(1)
(2012). 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
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