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Gregory Clinton v. Hudgins, 20-7527 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 20-7527 Visitors: 7
Filed: Dec. 29, 2020
Latest Update: Dec. 30, 2020
                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                        No. 20-7527


GREGORY K. CLINTON,

                     Petitioner - Appellant,

              v.

MR. HUDGINS,

                     Respondent - Appellee.



Appeal from the United States District Court for the Northern District of West Virginia, at
Martinsburg. Gina M. Groh, Chief District Judge. (3:20-cv-00073-GMG-RWT)


Submitted: December 22, 2020                                Decided: December 29, 2020


Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Gregory K. Clinton, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Gregory K. Clinton seeks to appeal the district court’s order denying his motion to

recuse the district court judge presiding over his pending 28 U.S.C. § 2241 petition. This

court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain

interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp., 
337 U.S. 541
, 545-46 (1949). The order Clinton 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 deny Clinton’s motion for

allocution and request for a hearing and deny as moot Clinton’s motion to expedite and for

release pending resolution of this appeal. 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

Source:  CourtListener

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