Timothy Mueller v. John Jabe

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Timothy Mueller v. John Jabe

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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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7405 TIMOTHY R. MUELLER, Plaintiff ­ Appellant, v. JOHN M. JABE, Deputy Director of Operations,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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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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

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Case: 10-7405 Document: 14

Date Filed: 12/29/2010

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materials

before

the

court

and

argument

would

not

aid

the

decisional process. DISMISSED

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