Pierce v. State of SC ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7041
HOWARD PIERCE,
Petitioner - Appellant,
versus
STATE OF SOUTH CAROLINA; WILLIAM DAVIS,
Warden; ATTORNEY GENERAL OF THE STATE OF SOUTH
CAROLINA; MICHAEL MOORE, Director,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. G. Ross Anderson, Jr., District
Judge. (CA-95-680-3BC)
Submitted: January 18, 1996 Decided: February 15, 1996
Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Howard Pierce, Appellant Pro Se. Donald John Zelenka, Chief Deputy
Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the magistrate judge's order denying Appel-
lant's motion for the appointment of counsel. We dismiss the appeal
for lack of jurisdiction because the order is not appealable. This
court may exercise jurisdiction only over final orders, 28 U.S.C.
§ 1291 (1988), and certain interlocutory and collateral orders. 28
U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is
neither a final order nor an appealable interlocutory or collateral
order.
We deny a certificate of probable cause to appeal and dismiss
the appeal as interlocutory. We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
DISMISSED
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