METCALF v. GEO GROUP INCORPORATED LVCC HSA LVCC FNP LVCC (2021)

James Andrew Metcalf seeks to appeal the district court's order dismissing without prejudice for failure to effect service of process his claims against one of the defendants in his civil suit and denying his motion for appointment of counsel. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; 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). The order Metcalf seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (“Ordinarily, a district court order is not ‘final’ until it has resolved all claims as to all parties.”); Al Shimari v. CACI Int'l, Inc., 679 F.3d 205, 213 (4th Cir. 2012) (describing collateral order doctrine, including requirement that order is “effectively unreviewable on appeal from a final judgment” (internal quotation marks omitted)); Miller v. Simmons, 814 F.2d 962, 964 (4th Cir. 1987) (denial of counsel not immediately appealable). Accordingly, we grant the motions to dismiss filed by Appellants Michael Breckton, GEO Group, Inc., and Annette Schwendinger 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.