Roger Earl Coley v. Frank Perry

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Appeal: 17-6261

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Filed: 05/31/2017

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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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

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