Benny McCroskey v. Harold Clarke ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7558
BENNY W. MCCROSKEY,
Petitioner – Appellant,
v.
HAROLD CLARKE, Director of the D.O.C.,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Mark S. Davis, District
Judge. (2:13-cv-00168-MSD-LRL)
Submitted: December 19, 2013 Decided: December 24, 2013
Before SHEDD, DAVIS, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Benny W. McCroskey, Appellant Pro Se. Eugene Paul Murphy, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Benny W. McCroskey seeks to appeal the district
court’s order denying his motion to compel. 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. 5(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order
McCroskey seeks to appeal is not a final order nor an appealable
interlocutory or collateral order. Accordingly, we 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