Raphael Mendez v. W. Britt
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
RAPHAEL MENDEZ, Plaintiff - Appellant, v. W. EARL BRITT, Federal Judge; JAMES B. CRAVEN, III, Federal Appointed Counsel; G. ALAN DUBOIS, Federal Appointed Attorney; JANE ELY PEARCE, Federal Appointed Attorney, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-ct-03135-D)
April 16, 2009
April 27, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raphael Mendez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Raphael Mendez seeks to appeal a district court order in which the Chief Judge recused herself. 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 (1949). to appeal is neither a final The order Mendez seeks nor an appealable
interlocutory or collateral order.
Accordingly, we deny leave
to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. dispense with We also deny the motions for discovery. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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