Tucker v. United States District Eastern Court ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6432
CORNELIUS TUCKER, JR.,
Petitioner - Appellant,
v.
UNITED STATES DISTRICT EASTERN COURT JUDICIARY; UNITED STATES
PROSECUTORS,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
District Judge. (5:08-hc-02029-FL)
Submitted: May 22, 2008 Decided: June 2, 2008
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Cornelius Tucker, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cornelius Tucker, Jr., filed a 28 U.S.C. § 2241 (2000)
petition in the district court. Prior to any action by the
district court, Tucker filed a notice of appeal. 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). Because the district court has
not acted on Tucker’s § 2241 petition, there is neither a final
order nor an appealable interlocutory or collateral order for this
court to review. 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
the court and argument would not aid the decisional process.
DISMISSED
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