Becker v. Hudson ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6722
JAN F. BECKER,
Petitioner - Appellant,
v.
HUDSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
Senior District Judge. (5:07-cv-00156-FPS-JSK)
Submitted: July 31, 2008 Decided: August 11, 2008
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jan F. Becker, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jan F. Becker seeks to appeal the district court’s order
transferring his 28 U.S.C. § 2254 (2000) petition to the United
States District Court for the Northern District of Ohio, the
district in which Becker was convicted and is incarcerated. 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 Becker 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
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