Clanton v. Director of Department of Corrections , 522 F. App'x 187 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8128
DONTA NOVELL CLANTON,
Petitioner - Appellant,
v.
DIRECTOR OF DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:12-cv-01061-GBL-TRJ)
Submitted: May 30, 2013 Decided: June 4, 2013
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donta Novell Clanton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donta Clanton seeks to appeal the district court’s
order dismissing his 28 U.S.C. § 2254 (2006) petition without
prejudice for failure to comply with the court’s order directing
him to show cause why his petition should not be dismissed as
barred by the one-year statute of limitations or barred due to
his procedural default, and to pay the statutory filing fee.
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. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-47 (1949).
Because the deficiencies identified by the district court may be
remedied by the filing of a petition that satisfies the
requirements of the district court, we conclude that the
district court’s order is neither a final order nor an
appealable interlocutory or collateral order. Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67
(4th Cir. 1993). 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
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