James Lloyd, III v. J. Hutchinson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6670
JAMES MARCUS LLOYD, III,
Petitioner - Appellant,
v.
J. HUTCHINSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Paige Jones Gossett, Magistrate Judge. (0:20-cv-00963-MGL)
Submitted: September 22, 2020 Decided: September 25, 2020
Before NIEMEYER, KEENAN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Marcus Lloyd, III, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Marcus Lloyd, III, seeks to appeal the magistrate judge’s report and
recommendation recommending that Lloyd’s 28 U.S.C. § 2241 petition be dismissed. 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 report and
recommendation Lloyd seeks to appeal is neither a final order nor an appealable
interlocutory or collateral order. Accordingly, we deny Lloyd’s motions to appoint counsel
and for leave to proceed in forma pauperis, 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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