Jerome Usher v. Keith Davis ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6556
JEROME USHER,
Petitioner – Appellant,
v.
KEITH W. DAVIS, Warden,
Respondent – Appellee,
and
UNKNOWN,
Respondent.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Senior
District Judge. (3:13-cv-00386-JRS)
Submitted: September 23, 2014 Decided: September 25, 2014
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jerome Usher, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerome Usher seeks to appeal the district court’s
order dismissing without prejudice his 28 U.S.C. § 2254 (2012)
petition. The district court dismissed for failure to comply
with the court’s orders to complete the standardized form for
§ 2254 petitions and failure to respond to the show cause order
regarding exhaustion of state court remedies. 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 that
Usher seeks to appeal is neither a final order nor an appealable
interlocutory or collateral order, as Usher may re-file his
§ 2254 petition in compliance with court orders. Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67
(4th Cir. 1993). Accordingly, we deny permission to proceed in
forma pauperis and dismiss the appeal for lack of jurisdiction.
We deny Usher’s motion for appointment of counsel.
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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