Lawrence v. Bodieson

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 22, 2009
• Docket: 08-8558
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8558

JOHNNY LAWRENCE,

Petitioner - Appellant,

v.

MCKITHER BODIESON,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (0:08-cv-01823-CMC-PJG)

Submitted: June 18, 2009 Decided: June 22, 2009

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnny Lawrence, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Johnny Lawrence seeks to appeal the district court’s

order transferring his 28 U.S.C. § 2254 (2006) petition to a

different division within the district court. 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 (1949). The order Lawrence

seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. 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