Howdyshell v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 7, 2003
• Docket: 03-6373
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6373

DANNY HOWDYSHELL,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-03-22)

Submitted: August 29, 2003 Decided: October 7, 2003

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Danny Howdyshell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Danny Howdyshell seeks to appeal the district court’s order

construing his pleading, styled as a motion under 28 U.S.C. § 2255

(2000), as a petition under 28 U.S.C. § 2241 (2000) and

transferring it to the district in which Howdyshell is confined,

the Eastern District of Virginia. 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 Howdyshell 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, 262 (4th

Cir. 2002). Accordingly, 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

the court and argument would not aid the decisional process.

DISMISSED