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158 F. App'x 512

Dowler v. Saar

U.S. Courts of Appeals

Decided December 29, 2005

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U.S. Courts of Appeals · decided 2005-12-29

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Cohen v. Beneficial Industrial Loan Corp.

Decided 2005-12-29

PER CURIAM:

¶1 In consolidated appeals, George Richard Dowler appeals the district court’s March 3, 2005 order denying his motion to appoint counsel (No. 05-6409) and the district court’s final order granting summary judgment in favor of the Defendants in his 42 U.S.C. § 1983 (2000) complaint (No. 05-7653).

¶2 In No. 05-6409, Dowler seeks to appeal the district court’s March 3, 2005, order denying his motion to appoint counsel. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Dowler seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss that appeal for lack of jurisdiction.

¶3 In No. 05-7653, Dowler appeals the district court’s final order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm that order on the reasoning of the district court. See Dowler v. Saar, No. CA-04-3048-8-RWT (D.Md. Sept. 28, 2005). 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.

¶4 No. 05-6409 — DISMISSED

¶5 No. 05-7653 — -AFFIRMED

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