Raphael Mendez v. W. Britt

Filing 920090427

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6252

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)

Submitted:

April 16, 2009

Decided:

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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

order

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

oral

argument

because

the

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

2