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32 F. App'x 77

McCoy v. Clark

U.S. Courts of Appeals

Decided April 1, 2002

U.S. Courts of Appeals · decided 2002-04-01

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 2002

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292

Relies on Cohen v. Beneficial Industrial Loan Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 2002-04-01

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PER CURIAM.

¶1Frankie L. McCoy, Sr., appeals the district court’s order denying his motion seeking to recuse the district court judge. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders. 28 U.S.C. § 1292 (1994); 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 here appealed is neither a final order nor an appeal-able interlocutory or collateral order.

¶2We dismiss the appeal as interlocutory. 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.

¶3 DISMISSED.

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