Timothy Mueller v. John Jabe

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998445657-2] Originating case number: 7:10-cv-00239-jlk-mfu Copies to all parties and the district court/agency. [998493040] [10-7405]

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Timothy Mueller v. John Jabe Doc. 0 Case: 10-7405 Document: 14 Date Filed: 12/29/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7405 TIMOTHY R. MUELLER, Plaintiff Appellant, v. JOHN M. JABE, Deputy Director of Operations,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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-7405 Document: 14 Date Filed: 12/29/2010 Page: 2 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, v. 28 U.S.C. 1292 (2006); Fed. R. Civ. P. 54(b); Cohen 545-46 (1949). district Beneficial Indus. Loan Corp., 337 U.S. 541, To the extent that Mueller seeks to appeal the denial of his motions for appointment of court's 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, jurisdiction. We we dismiss Mueller's the appeal to for this lack court of for deny motion appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the 2 Case: 10-7405 Document: 14 Date Filed: 12/29/2010 Page: 3 materials before the court and argument would not aid the decisional process. DISMISSED 3

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