Filed: May 03, 2012
Latest Update: Mar. 26, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6186 JOHN W. FISHBACK, Plaintiff - Appellant, v. BOBBY SHEARIN, Warden; RICHARD GRAHAM, JR., Asst. Warden; GARY D. MAYNARD, Secretary of Public Safety and Correctional Services; UNKNOWN EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS AND FORMER CONTRACTORS OF THE NORTH BRANCH CORRECTIONAL INSTITUTION AND ROXBURY CORRECTIONAL INSTITUTION, Defendants – Appellees, and JOHN A. ROWLEY, Defendant. Appeal from the United States District
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6186 JOHN W. FISHBACK, Plaintiff - Appellant, v. BOBBY SHEARIN, Warden; RICHARD GRAHAM, JR., Asst. Warden; GARY D. MAYNARD, Secretary of Public Safety and Correctional Services; UNKNOWN EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS AND FORMER CONTRACTORS OF THE NORTH BRANCH CORRECTIONAL INSTITUTION AND ROXBURY CORRECTIONAL INSTITUTION, Defendants – Appellees, and JOHN A. ROWLEY, Defendant. Appeal from the United States District C..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6186
JOHN W. FISHBACK,
Plaintiff - Appellant,
v.
BOBBY SHEARIN, Warden; RICHARD GRAHAM, JR., Asst. Warden;
GARY D. MAYNARD, Secretary of Public Safety and Correctional
Services; UNKNOWN EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS
AND FORMER CONTRACTORS OF THE NORTH BRANCH CORRECTIONAL
INSTITUTION AND ROXBURY CORRECTIONAL INSTITUTION,
Defendants – Appellees,
and
JOHN A. ROWLEY,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Senior District
Judge. (1:11-cv-00612-JFM)
Submitted: April 19, 2012 Decided: May 3, 2012
Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John W. Fishback, Appellant Pro Se. Stephanie Judith Lane-
Weber, Assistant Attorney General, Baltimore, Maryland, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
John W. Fishback seeks to appeal the district court’s
orders granting the motion to dismiss his claims against one
Defendant, granting counsel’s motion to withdraw, and denying
his motion to appoint new counsel, stay discovery, and modify
scheduling order. This court may exercise jurisdiction only
over final orders, 28 U.S.C. § 1291 (2006), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2006);
Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541, 545-46 (1949). The orders Fishback seeks to
appeal are neither final orders nor appealable interlocutory or
collateral orders. Accordingly, we dismiss the appeal for lack
of jurisdiction. We deny the motion for appointment of counsel.
We 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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