Jacques v. Kelly

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6226

AIMEE JOMAUR JACQUES,

Petitioner - Appellant,

v.

LORETTA K. KELLY, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:09-cv-00493-JLK-MFU)

Submitted: June 25, 2010 Decided: July 8, 2010

Before WILKINSON, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Aimee Jomaur Jacques, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Aimee Jomaur Jacques seeks to appeal the district

court’s order dismissing his habeas petition without prejudice.

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, 545-46 (1949). The

order Jacques seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. See Chao v.

Rivendell Woods, Inc., 415 F.3d 342, 345 (4th Cir. 2005).

Accordingly, we deny leave to proceed in forma pauperis 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