Gregory Clinton v. Hudgins ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7527
GREGORY K. CLINTON,
Petitioner - Appellant,
v.
MR. HUDGINS,
Respondent - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at
Martinsburg. Gina M. Groh, Chief District Judge. (3:20-cv-00073-GMG-RWT)
Submitted: December 22, 2020 Decided: December 29, 2020
Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gregory K. Clinton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gregory K. Clinton seeks to appeal the district court’s order denying his motion to
recuse the district court judge presiding over his pending 28 U.S.C. § 2241 petition. This
court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain
interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Clinton seeks to
appeal is neither a final order nor an appealable interlocutory or collateral order.
Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Clinton’s motion for
allocution and request for a hearing and deny as moot Clinton’s motion to expedite and for
release pending resolution of this appeal. 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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