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    This document summarizes an unpublished 1994 appeals court case. The court dismissed the appeal for lack of jurisdiction, as the order denying the appellant's motion for appointment of counsel was not a final or appealable interlocutory order. The court also denied the appellant's motion for appointment of counsel on appeal and decided the case without oral argument, as the facts and legal issues were clear based on the written materials.

    Original Description:

    Filed: 1994-12-19 Precedential Status: Non-Precedential Citations: 43 F.3d 1465 Docket: 94-6891

    Original Title

    Anthony Atkins v. Sandra Murphy, Head Nurse, Augusta Correctional Center Mark Nelson, Lpn, Augusta Correctional Center Julian Snyder, Lpn, Augusta Correctional Center R. Smiley, Sergeant Edward D. Carey, Augusta Correctional Center T. Redman, Lieutenant, Augusta Correctional Center J. H. Lyle, Lieutenant, 43 F.3d 1465, 4th Cir. (1994)

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    This document summarizes an unpublished 1994 appeals court case. The court dismissed the appeal for lack of jurisdiction, as the order denying the appellant's motion for appointment of counsel was not a final or appealable interlocutory order. The court also denied the appellant's motion for appointment of counsel on appeal and decided the case without oral argument, as the facts and legal issues were clear based on the written materials.

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    Public Domain
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    6 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished 1994 appeals court case. The court dismissed the appeal for lack of jurisdiction, as the order denying the appellant's motion for appointment of counsel was not a final or appealable interlocutory order. The court also denied the appellant's motion for appointment of counsel on appeal and decided the case without oral argument, as the facts and legal issues were clear based on the written materials.

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    of 2

    43 F.

    3d 1465

    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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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.
    Anthony ATKINS, Plaintiff Appellant,
    v.
    Sandra MURPHY, Head Nurse, Augusta Correctional Center;
    Mark Nelson, LPN, Augusta Correctional Center; Julian
    Snyder, LPN, Augusta Correctional Center; R. Smiley,
    Sergeant; Edward D. Carey, Augusta Correctional Center; T.
    Redman, Lieutenant, Augusta Correctional Center; J. H.
    Lyle, Lieutenant, Defendants Appellees.
    No. 94-6891.

    United States Court of Appeals, Fourth Circuit.


    Submitted Sept. 20, 1994.
    Decided Dec. 19, 1994.

    Appeal from the United States District Court for the Western District of
    Virginia, at Roanoke. Jackson L. Kiser, Chief District Judge. (CA-94-240R).
    Anthony Atkins, appellant Pro Se.
    Colin James Steuart Thomas, Jr., Timberlake, Smith, Thomas & Moses,
    P.C., Staunton, VA; Mark Ralph Davis, Office of the Attorney General of
    Virginia, Richmond, VA, for appellees.
    W.D.Va.
    DISMISSED.
    Before MURNAGHAN, NIEMEYER, and MICHAEL, Circuit Judges.
    PER CURIAM:

    Appellant appeals from a magistrate judge's order denying appellant's motion


    for appointment of counsel. We dismiss the appeal for lack of jurisdiction
    because the order is not appealable. Miller v. Simmons, 814 F.2d 962, 967 (4th
    Cir.), cert. denied, 484 U.S. 903 (1987). This Court may exercise jurisdiction
    only over final orders, 28 U.S.C. Sec. 1291 (1988), and certain interlocutory
    and collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v.
    Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed
    is neither a final order nor an appealable interlocutory or collateral order.

    We dismiss the appeal as interlocutory. We deny Appellant's motion for


    appointment of counsel on appeal and dispense with oral argument because the
    facts and legal contentions are adequately presented in the materials before the
    Court and argument would not aid the decisional process.

    DISMISSED.

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