Durham v. Mitchell

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 24, 2008
• Docket: 08-6295
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6295

MARIAN O. DURHAM,

Petitioner - Appellant,

v.

MARY MITCHELL, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Matthew J. Perry, Jr., Senior District Judge. (6:07-cv-03855-MJP)

Submitted: June 19, 2008 Decided: June 24, 2008

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marian O. Durham, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Marian O. Durham seeks to appeal the district court’s

order transferring her petition under 28 U.S.C. § 2241 (2000) to

the district court for the Middle District of Florida. 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 (1949). The order Durham seeks to appeal

is neither a final order nor an appealable interlocutory or

collateral order. See In re Carefirst of Md., Inc., 305 F.3d 253,

255, 262 (4th Cir. 2002); Gower v. Lehman, 799 F.2d 925, 927 (4th

Cir. 1986). Accordingly, we deny Durham’s motion to expedite 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.

DISMISSED

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