Coleman v. Angelone ( 2003 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7513
    IRVIN EMANUEL COLEMAN,
    Petitioner - Appellant,
    versus
    RONALD J. ANGELONE, Director of the Virginia
    Department of Corrections,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (CA-02-362-2)
    Submitted:    December 19, 2002              Decided:   January 6, 2003
    Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Irvin Emanuel Coleman, Appellant Pro Se. Steven Andrew Witmer,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Irvin Emanuel Coleman seeks to appeal the magistrate judge’s
    order granting respondent an extension of time to respond to
    Coleman’s petition filed under 
    28 U.S.C. § 2254
     (2000). 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 order Coleman seeks to appeal
    is   neither   a   final   order   nor   an   appealable       interlocutory   or
    collateral     order.      Accordingly,       we   deny    a    certificate    of
    appealability, 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
    2
    

Document Info

Docket Number: 02-7513

Filed Date: 1/6/2003

Precedential Status: Non-Precedential

Modified Date: 10/31/2014