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  • Bart McClain v. NC Department of Public Safety, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit dismissed Bart McClain's appeal of a district court order denying his motion to appoint counsel and issue a subpoena. The appellate court found that it did not have jurisdiction over the appeal because the district court's order was neither a final judgment nor an appealable interlocutory or collateral order. As a result, the appellate court dismissed the appeal for lack of jurisdiction without hearing oral arguments.

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    Filed: 2016-06-29 Precedential Status: Non-Precedential Docket: 16-6260

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    The United States Court of Appeals for the Fourth Circuit dismissed Bart McClain's appeal of a district court order denying his motion to appoint counsel and issue a subpoena. The appellate court found that it did not have jurisdiction over the appeal because the district court's order was neither a final judgment nor an appealable interlocutory or collateral order. As a result, the appellate court dismissed the appeal for lack of jurisdiction without hearing oral arguments.

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    10 views2 pages

    Bart McClain v. NC Department of Public Safety, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Bart McClain's appeal of a district court order denying his motion to appoint counsel and issue a subpoena. The appellate court found that it did not have jurisdiction over the appeal because the district court's order was neither a final judgment nor an appealable interlocutory or collateral order. As a result, the appellate court dismissed the appeal for lack of jurisdiction without hearing oral arguments.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-6260

    BART FITZGERALD MCCLAIN,


    Plaintiff - Appellant,
    v.
    NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY; COLUMBUS
    CORRECTIONAL INSTITUTION; PAT MCCRORY; FRANK PERRY; GEORGE
    SOLOMON; OFFICER LOCKLEAR; NORA HUNT; JENNIFER WALSH; CAPTAIN
    EVANS; CAPTAIN PREIST; SERGEANT HARRIS; SERGEANT FRANK; PRISON
    ATTENDANT FRITZE; PRISON ATTENDANT NOBLES,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    District Judge. (5:16-ct-03009-FL)

    Submitted:

    June 23, 2016

    Decided:

    June 29, 2016

    Before MOTZ, KING, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Bart Fitzgerald McClain, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Bart Fitzgerald McClain seeks to appeal the district courts
    order of February 5, 2016, denying McClains motion to appoint
    counsel and for a subpoena.

    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 McClain seeks to appeal is neither

    a final order nor an appealable interlocutory or collateral order.


    Accordingly, 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

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