McCray v. Johnson

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 17, 2003
• Docket: 03-6314
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6314

RAY THOMAS MCCRAY,

Petitioner - Appellant,

versus

GENE M. JOHNSON,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-02-668)

Submitted: June 12, 2003 Decided: June 17, 2003

Before WIDENER, LUTTIG, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ray Thomas McCray, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Ray Thomas McCray seeks to appeal the district court’s order

dismissing his 28 U.S.C. § 2254 (2000) petition without prejudice

because he failed to pay the filing fee. Because McCray can refile

his petition and pay the requisite filing fee, his appeal is

interlocutory and not subject to appellate review under Domino

Sugar Corp. v. Sugar Workers Local 392, 10 F.3d 1064, 1066-67 (4th

Cir. 1993). Accordingly, we deny a certificate of appealability

and dismiss the appeal. 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