Roberts v. Warden

479 F. App'x 508

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 2, 2012
• Docket: No. 12-6999
• Status: Published

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Robert Roberts seeks to appeal the district court’s order construing his filing as a 28 U.S.C. § 2254 (2006) petition and dismissing it, without prejudice, because the issues raised therein are adequately presented in Roberts’ original § 2254 petition, which is currently pending in 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, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Roberts seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. 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.