Derrick ALLEN, Plaintiff - Appellant, v. Ted WIRE; Erik McConchie, General Manager; Will Austin, Kitchen Manager; Dave Sigumund, Kitchen Manager; Casey Humphries, Defendants - Appellees.
Decided: April 17, 2020
Before WILKINSON, QUATTLEBAUM, and RUSHING, Circuit Judges.
Derrick Michael Allen, Sr., Appellant Pro Se. Asa Covington Edwards, IV, MAGINNIS LAW, PLLC, Raleigh, North Carolina, for Appellees.
Derrick Allen has noted an appeal in the civil action he filed in the district court. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2018), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2018); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the district court has not entered a final order or an appealable interlocutory or collateral order, this appeal is interlocutory. Accordingly, we deny Allen’s motion to appoint counsel and 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Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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