Don Wilborn v. Andrew Mansukhani , 678 F. App'x 146 ( 2017 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 16-7668
    DON MITCHELL WILBORN,
    Petitioner - Appellant,
    v.
    ANDREW MANSUKHANI, Warden, FCI Estill,
    Respondent - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. David C. Norton, District Judge;
    Paige Jones Gossett, Magistrate Judge. (0:16-cv-01134-DCN-PJG)
    Submitted:   February 23, 2017            Decided:   February 28, 2017
    Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
    Judge.
    Dismissed by unpublished per curiam opinion.
    Don Mitchell Wilborn, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Don Mitchell Wilborn seeks to appeal two pretrial orders
    issued by the magistrate judge and the district court’s order
    affirming the magistrate judge’s rulings in Wilborn’s 
    28 U.S.C. § 2241
     (2012) action.               On appeal, Wilborn challenges the orders
    he     seeks    to    appeal        insofar         as     they     deny        his     request       to
    consolidate       his      action       with    that       of    another        litigant.         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 orders Wilborn seeks to appeal are neither final
    orders     nor       appealable          interlocutory            or      collateral          orders.
    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
    2
    

Document Info

Docket Number: 16-7668

Citation Numbers: 678 F. App'x 146

Judges: Davis, Diaz, Per Curiam, Shedd

Filed Date: 2/28/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024