The 16TH ST. DR., N.W. Land Holders and/or ECP Trust, Plaintiff-Appellant, Edith C. Peterson, Trustee-Appellant, v. The CITY OF HICKORY CODE ENFORCEMENT DIVISION IN N.C. 28601; City of Hickory; City of Hickory Planning Board; Michael E. Cash, Defendants-Appellees.

No. 08-1969.United States Court of Appeals, Fourth Circuit.Submitted: April 16, 2009.
Decided: April 20, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:07-cv-00074-RLV-DLH).

Edith C. Peterson, Appellant Pro Se. Bradley Philip Kline, Cranfill, Sumner Hartzog, LLP, Charlotte, North Carolina, for Appellees.

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Edith C. Peterson seeks to appeal the district court’s order affirming the magistrate judge’s order that Peterson,a non-attorney, retain counsel to represent ECP Trust. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); 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 Peterson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny as moot Peterson’s motion requesting that this court deny her counsel’s motion to withdraw, deny Peterson’s motion for time to locate new counsel, and 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 the court and argument would not aid the decisional process.