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  • Robert J. Castleberry v. State of North Carolina, 869 F.2d 593, 4th Cir. (1989)

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1989. It summarizes that Robert Castleberry, a 74-year-old North Carolina inmate, appealed the district court's denial of his three motions for appointment of counsel to assist with a 28 U.S.C. Sec. 2254 petition. However, the Fourth Circuit dismissed the appeal for lack of jurisdiction, as it had previously held that the denial of a motion for appointment of counsel in a civil rights case is not an appealable order prior to a final judgment.

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    Filed: 1989-03-21 Precedential Status: Non-Precedential Citations: 869 F.2d 593 Docket: 88-7303

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1989. It summarizes that Robert Castleberry, a 74-year-old North Carolina inmate, appealed the district court's denial of his three motions for appointment of counsel to assist with a 28 U.S.C. Sec. 2254 petition. However, the Fourth Circuit dismissed the appeal for lack of jurisdiction, as it had previously held that the denial of a motion for appointment of counsel in a civil rights case is not an appealable order prior to a final judgment.

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    Public Domain
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    1 views2 pages

    Robert J. Castleberry v. State of North Carolina, 869 F.2d 593, 4th Cir. (1989)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1989. It summarizes that Robert Castleberry, a 74-year-old North Carolina inmate, appealed the district court's denial of his three motions for appointment of counsel to assist with a 28 U.S.C. Sec. 2254 petition. However, the Fourth Circuit dismissed the appeal for lack of jurisdiction, as it had previously held that the denial of a motion for appointment of counsel in a civil rights case is not an appealable order prior to a final judgment.

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    of 2

    869 F.

    2d 593
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Robert J. CASTLEBERRY, Plaintiff-Appellant,
    v.
    STATE OF NORTH CAROLINA, Defendant-Appellee.
    No. 88-7303.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Dec. 27, 1988.
    Decided: Feb. 21, 1989.
    Rehearing Denied March 21, 1989.

    Robert J. Castleberry, appellant pro se.


    Before JAMES DICKSON PHILLIPS, SPROUSE and CHAPMAN,
    Circuit Judges.
    PER CURIAM:

    Robert Castleberry, a 74-year old North Carolina inmate, appeals the district
    court's denial of his three motions for the appointment of counsel to assist him
    in completing a 28 U.S.C. Sec. 2254 petition. We have held that the denial of a
    motion for the appointment of counsel in a civil rights case is not an appealable
    order prior to entry of final judgment, see Miller v. Simmons, 814 F.2d 962,
    967 (4th Cir.), cert. denied, 56 U.S.L.W. 3267 (U.S. Oct. 13, 1987) (Nos. 866884, 86-7132), and we see no reason why the same rule should not apply here.
    Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with
    oral argument because the dispositive issue has recently been authoritatively
    decided.
    DISMISSED.

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