Scott v. Bazzle

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7332

BRIAN WILLIAM SCOTT, a/k/a Brian W. Scott,

Petitioner - Appellant,

versus

E. RICHARD BAZZLE, Warden of Perry Correctional Institution; HENRY MCMASTER, Attorney General for South Carolina,

Respondents - Appellees.

No. 06-7411

E. RICHARD BAZZLE, Warden of Perry Correctional Institution; HENRY MCMASTER, Attorney General for South Carolina,

Appeals from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., District Judge. (8:05-cv-02690-GRA) Submitted: December 21, 2006 Decided: January 4, 2007

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Brian William Scott, Appellant Pro Se. Donald John Zelenka, Derrick K. McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

- 2 - PER CURIAM:

Brian William Scott seeks to appeal the district court’s

orders finding Scott’s 28 U.S.C. § 2254 (2000) petition timely and

remanding to the magistrate judge to consider the merits of the

petition (No. 06-7332), and denying Scott’s motions to compel

discovery (No. 06-7411). 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 orders Scott seeks to appeal are neither final

orders nor appealable interlocutory or collateral orders.

Accordingly, we dismiss the appeals 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

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