David Brown v. Harold Clarke ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7169
DAVID A. BROWN,
Petitioner – Appellant,
v.
HAROLD W. CLARKE, Director of the Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:14-cv-00224-JLK-RSB)
Submitted: December 16, 2014 Decided: January 2, 2015
Before WILKINSON, GREGORY, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David A. Brown, Appellant Pro Se. Matthew P. Dullaghan, Senior
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David A. Brown seeks to appeal the district court’s
order denying his motion for production of documents in his
pending action under 28 U.S.C. § 2254 (2012). This court may
exercise jurisdiction only over final orders, 28 U.S.C. § 1291
(2012), and certain interlocutory and collateral orders, 28
U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Brown
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 this court and argument would not aid the decisional
process.
DISMISSED
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