Young v. Stansberry

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-8174

LARRY ARNOLD YOUNG,

Petitioner – Appellant,

v.

PATRICIA R. STANSBERRY, Warden,

Respondent – Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:09-cv-01276-AJT-TCB)

Submitted: March 16, 2010 Decided: March 23, 2010

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Larry Arnold Young, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Larry Arnold Young seeks to appeal the district

court’s order directing Young to provide evidence that he

exhausted his administrative remedies and to pay the filing fee

or his 28 U.S.C. § 2241 (2006) petition would be dismissed.

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

Young 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