Earl Cadwallader v. Kenneth Lassiter ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6543
EARL RICHARD CADWALLADER,
Plaintiff - Appellant,
v.
KENNETH LASSITER, Director of Prisons; ELIZABETH TILSON, Chief Medical
Officer,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, Chief District Judge. (5:19-ct-03320-BO)
Submitted: September 24, 2020 Decided: September 29, 2020
Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Earl Richard Cadwallader, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Earl Richard Cadwallader, a North Carolina prisoner, filed a 42 U.S.C. § 1983
complaint concerning his medical care. He seeks to appeal the district court’s order
denying his motions for appointment of counsel, dismissing the claims against the two
named Defendants, dismissing as time-barred claims relating to his medical care prior to
October 23, 2016, and giving Cadwallader an opportunity to particularize his complaint.
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 Cadwallader seeks
to appeal is neither a final order nor an appealable interlocutory or collateral order.
Accordingly, we deny Cadwallader’s motion for appointment of counsel and dismiss the
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
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