Roderick Demeatrice Oaks v. Harold Clark ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6980
RODERICK DEMEATRICE OAKS,
Petitioner - Appellant,
v.
HAROLD CLARK, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Tommy E. Miller, Magistrate
Judge. (2:13-cv-00674-RAJ-TEM)
Submitted: September 23, 2014 Decided: September 26, 2014
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Roderick Demeatrice Oaks, Appellant Pro Se. Leah A. Darron,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roderick Demeatrice Oaks seeks to appeal the
magistrate judge’s recommendation to dismiss Oaks’ 28 U.S.C.
§ 2254 (2012) petition. 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 order Oaks seeks to appeal is
neither a final order nor an appealable interlocutory or
collateral order. 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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