Sugg v. McCabe

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 28, 2004
• Docket: 03-7822
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7822

ANTHONY EUGENE SUGG,

Petitioner - Appellant,

versus

SHERWOOD R. MCCABE,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-03-661-5-H)

Submitted: July 19, 2004 Decided: July 28, 2004

Before KING, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Eugene Sugg, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Anthony Eugene Sugg appeals the district court’s order

directing the clerk to continue case management regarding Sugg’s 28

U.S.C. § 2254 (2000) petition. We dismiss the appeal for lack of

jurisdiction because the district court’s order is not appealable.

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 district

court’s order is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we dismiss the

appeal as interlocutory. 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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