Roger Earl Coley v. Frank Perry


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:17-cv-00008-TDS-JLW Copies to all parties and the district court/agency. [1000091445]. Mailed to: Roger Earl Coley ALBEMARLE CORRECTIONAL INSTITUTION P. O. Box 460 Badin, NC 28009. [17-6261]

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Appeal: 17-6261 Doc: 10 Filed: 05/31/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6261 ROGER EARL COLEY, Petitioner - Appellant, v. FRANK PERRY, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Joe L. Webster, Magistrate Judge. (1:17-cv-00008-TDS-JLW) Submitted: May 25, 2017 Before MOTZ, THACKER, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Roger Earl Coley, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Decided: May 31, 2017 Appeal: 17-6261 Doc: 10 Filed: 05/31/2017 Pg: 2 of 2 PER CURIAM: Roger Earl Coley seeks to appeal the magistrate judge’s order and recommendation denying Coley’s request for counsel and recommending the action be construed as a 28 U.S.C. § 2254 (2012) petition and dismissed without prejudice. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Coley seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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