John Fishback v. Bobby Shearin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998787068-2]. Originating case number: 1:11-cv-00612-JFM. Copies to all parties and the district court/agency. [998846392]. Mailed to: John Fishback and Nancy Tennis. [12-6186]

Appeal: 12-6186

Doc: 24

Filed: 05/03/2012

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6186

JOHN W. FISHBACK,
Plaintiff - Appellant,
v.
BOBBY SHEARIN, Warden; RICHARD GRAHAM, JR., Asst. Warden;
GARY D. MAYNARD, Secretary of Public Safety and Correctional
Services; UNKNOWN EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS
AND FORMER CONTRACTORS OF THE NORTH BRANCH CORRECTIONAL
INSTITUTION AND ROXBURY CORRECTIONAL INSTITUTION,
Defendants – Appellees,
and
JOHN A. ROWLEY,
Defendant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:11-cv-00612-JFM)

Submitted:

April 19, 2012

Decided:

Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

May 3, 2012

Appeal: 12-6186

Doc: 24

Filed: 05/03/2012

Pg: 2 of 3

John W. Fishback, Appellant Pro Se.
Stephanie Judith LaneWeber, Assistant Attorney General, Baltimore, Maryland, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 12-6186

Doc: 24

Filed: 05/03/2012

Pg: 3 of 3

PER CURIAM:
John W. Fishback seeks to appeal the district court’s
orders granting the motion to dismiss his claims against one
Defendant, granting counsel’s motion to withdraw, and denying
his motion to appoint new counsel, stay discovery, and modify
scheduling order.
over

final

This court may exercise jurisdiction only

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,

545-46

(1949).

The

orders

Fishback

seeks

to

appeal are neither final orders nor appealable interlocutory or
collateral orders.
of jurisdiction.
We

dispense

with

Accordingly, we dismiss the appeal for lack
We deny the motion for appointment of counsel.
oral

argument

because

the

facts

and

legal

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

3