United States v. Roseboro ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6737
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TERRY LEE ROSEBORO,
Defendant — Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. David A. Faber, Chief
District Judge. (CA-04-389-4)
Submitted: August 18, 2005 Decided: August 26, 2005
Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terry Lee Roseboro, Appellant Pro Se. Kasey Warner, United States
Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Terry Lee Roseboro seeks to appeal the district court’s
order referring his 28 U.S.C. § 2241 (2000) petition back to the
magistrate judge for further proceedings in light of Roseboro’s
recently filed motions. 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 Roseboro 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 the court and argument would not
aid the decisional process.
DISMISSED
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