Gregory Clinton v. Elizabeth Grant ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7551
GREGORY K. CLINTON,
Plaintiff - Appellant,
v.
ELIZABETH D. GRANT, In her individual capacity; UNITED STATES OF
AMERICA,
Defendants - Appellees.
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-00178-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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 filed the underlying civil action pursuant to Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Clinton seeks
to appeal the district court’s order overruling his objections to the magistrate judge’s order
denying Clinton’s motion to appoint counsel. 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. Miller v. Simmons, 814 F.2d 962, 967 (4th Cir. 1987).
Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Clinton’s motions to
amend and for recusal and deny as moot his 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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