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JOHNSON v. STANLEY (2019)

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United States Court of Appeals, Fourth Circuit.

Robert H. JOHNSON, Petitioner - Appellant, v. Drew STANLEY, Superintendent, Warren Correctional Institution, Respondent - Appellee.

No. 19-6225

Decided: April 30, 2019

Before FLOYD and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Robert H. Johnson, Appellant Pro Se.

Robert H. Johnson seeks to appeal the district court's order denying his motions to clarify and to appoint counsel in his 28 U.S.C. § 2254 (2012) proceedings. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Johnson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Johnson's motion to appoint counsel and 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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