James May v. Scott Brain, (4th Cir. 2012)

Text

---

 

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7563

JAMES ANTHONY MAY,

Plaintiff - Appellant,

v.

SCOTT BRAIN; JAMES R. CHELLIS; JANE DOE; DR. PHILLIP

PERKINS,

Defendants - Appellees.

No. 11-7564

JAMES ANTHONY MAY,

Plaintiff - Appellant,

v.

DR. NINA WARD; NURSE G. MULLEN,

Defendants - Appellees.

Appeals from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Louise W. Flanagan,

District Judge. (5:11-ct-03088-FL; 5:11-ct-03065-FL)

Submitted: January 31, 2012 Decided: February 3, 2012

Before NIEMEYER, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Anthony May, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James Anthony May seeks to appeal the district court's orders directing May to notify the district court how he intended to proceed in his two separately filed 42U.S.C. § 1983 (2006) actions. This court may exercise jurisdiction only over final orders, 28U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28U.S.C. § 1292 (2006); Fed. R. Civ. P.

54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949). The orders May seeks to appeal are neither final orders nor appealable interlocutory or collateral orders.

Accordingly, we dismiss the appeals for lack of jurisdiction.

We further deny May's motion for appointment of counsel in Appeal No. 11-7563. 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.

---