Dmitry Pronin v. Charles Wright


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:16-cv-03635-HMH-KDW Copies to all parties and the district court/agency. [1000179394]. Mailed to: Dmitry Pronin UNITED STATES PENITENTIARY BEAUMONT P. O. Box 26030 Beaumont, TX 77720-6030. [17-6613]

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Appeal: 17-6613 Doc: 19 Filed: 10/24/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6613 DMITRY PRONIN, Plaintiff - Appellant, v. CHARLES WRIGHT, “Chuck”; NEAL URCH; ASHLEY MCCANN; L. BLACKWELL, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Henry M. Herlong, Jr., Senior District Judge. (5:16-cv-03635-HMHKDW) Submitted: October 19, 2017 Decided: October 24, 2017 Before NIEMEYER, MOTZ, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Dmitry Pronin, Appellant Pro Se. Charles Franklin Turner, Jr., WILLSON JONES CARTER & BAXLEY, P.A., Greenville, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6613 Doc: 19 Filed: 10/24/2017 Pg: 2 of 2 PER CURIAM: Dmitry Pronin seeks to appeal from the district court’s order denying class certification and denying appointment of class counsel in his 42 U.S.C. § 1983 (2012) suit. 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 Pronin seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. To the extent Pronin’s notice of appeal can be construed as a Fed. R. Civ. P. 23(f) petition for permission to appeal, permission is denied. 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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