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EISERT v. CLARKE (2021)

United States Court of Appeals, Fourth Circuit.2021-08-24No. No. 21-6765

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Opinion

Craig W. Eisert, a Virginia inmate, seeks to appeal the district courts order consolidating his two 28 U.S.C. § 2254 petitions, conditionally filing the consolidated petition, and ordering Eisert to file a supplemental 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Eisert seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Eiserts motion to appoint counsel and we 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

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.