Mueller v. Jabe , 406 F. App'x 714 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7405
TIMOTHY R. MUELLER,
Plaintiff – Appellant,
v.
JOHN M. JABE, Deputy Director of Operations,
Defendant – Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:10-cv-00239-jlk-mfu)
Submitted: December 16, 2010 Decided: December 29, 2010
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Timothy R. Mueller, Appellant Pro Se. John Michael Parsons,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy R. Mueller seeks to appeal the district
court’s order denying his motions to appoint counsel, for class
certification, and to amend his complaint. No final judgment
has been entered in the underlying case, which remains pending
in the district court.
This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541,
545-46 (1949). To the extent that Mueller seeks to appeal the
district court’s denial of his motions for appointment of
counsel and to amend his complaint, we lack jurisdiction over
the appeal in the absence of a final judgment. Further,
although an interlocutory appeal of the denial of a motion for
class certification may proceed with leave of this court, Fed.
R. Civ. P. 23(f); see Fed. R. App. P. 5, Mueller has not
properly petitioned this court for such leave.
Accordingly, we dismiss the appeal for lack of
jurisdiction. We deny Mueller’s motion to this court for
appointment of counsel. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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