McDevilan Jones v. Gregory Holloway , 523 F. App'x 229 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6276
MCDEVILAN M. JONES,
Petitioner - Appellant,
v.
WARDEN GREGORY HOLLOWAY,
Respondent - Appellee,
and
WALLENS RIDGE STATE PRISON,
Respondent.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:12-cv-01335-CMH-IDD)
Submitted: May 30, 2013 Decided: June 5, 2013
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
McDevilan M. Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
McDevilan M. Jones seeks to appeal the district
court’s order dismissing without prejudice his 28 U.S.C. § 2254(2006) petition for failing to abide by the order of the court.
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, 545-46 (1949). The
order Jones seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Jones may be able
to save his petition by amending it to comply with the district
court’s order. See 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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