Nance v. Ray ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6976
JIMMY LAWRENCE NANCE,
Petitioner - Appellant,
versus
MICKEY E. RAY; UNITED STATES OF AMERICA,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Henry M. Herlong, Jr., District Judge.
(CA-00-979-20-BF)
Submitted: December 14, 2000 Decided: December 21, 2000
Before WIDENER, WILKINS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jimmy Lawrence Nance, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jimmy Lawrence Nance appeals from an order of the United
States District Court for the District of South Carolina trans-
ferring Nance’s habeas corpus action to the United States District
Court for the Western District of Virginia for want of jurisdiction
under 28 U.S.C. § 1631 (1994). This Court lacks jurisdiction over
the appeal because the transfer of the matter was physically
completed before Nance filed his notice of appeal. Cf. Wilson-Cook
Medical, Inc. v. Wilson, 942 F.2d 247, 250 (4th Cir. 1991) (juris-
diction over case conveyed from transferor to transferee court upon
physical transfer of record). Consequently, we dismiss the appeal
for lack of jurisdiction. We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the Court and argument would not aid the decisional
process.
DISMISSED
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