Wesley Gallop, Jr. v. Harold Clarke , 703 F. App'x 203 ( 2017 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 17-6888
    WESLEY THOMAS GALLOP, JR.,
    Petitioner - Appellant,
    v.
    HAROLD W. CLARKE,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Norfolk. Lawrence Richard Leonard, Magistrate Judge. (2:16-cv-00596-MSD-LRL)
    Submitted: November 16, 2017                                Decided: November 21, 2017
    Before GREGORY, Chief Judge, and TRAXLER and KEENAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Wesley Thomas Gallop, Jr., Appellant Pro Se. Eugene Paul Murphy, OFFICE OF THE
    ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Wesley Thomas Gallop, Jr., seeks to appeal the magistrate judge’s order denying
    his motion for appointment of counsel and the magistrate judge’s report recommending
    that Gallop’s 
    28 U.S.C. § 2254
     (2012) petition be denied. 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 denying Gallop’s motion for
    appointment of counsel and the magistrate judge’s report and recommendation are neither
    final orders nor appealable interlocutory or collateral orders. Accordingly, we deny
    Gallop’s motion for a certificate of appealability, deny leave to proceed in forma
    pauperis, 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
    2
    

Document Info

Docket Number: 17-6888

Citation Numbers: 703 F. App'x 203

Filed Date: 11/21/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023