Richardson v. Robinson ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7189
SYLVESTER A. RICHARDSON,
Petitioner - Appellant,
versus
DAVID ROBINSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:06-cv-00401-JRS)
Submitted: December 14, 2006 Decided: December 20, 2006
Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sylvester A. Richardson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sylvester A. Richardson seeks to appeal the district
court’s order to show cause why his 28 U.S.C. § 2254 (2000)
petition should not be dismissed as successive. 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 Richardson seeks to
appeal is neither a final order nor an appealable interlocutory or
collateral order. Accordingly, we deny Richardson’s motion to
proceed in forma pauperis, deny his motion to consolidate, 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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