David Meyers v. Chadwick Dotson ( 2023 )


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  • USCA4 Appeal: 23-6524      Doc: 10         Filed: 11/22/2023    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-6524
    DAVID MEYERS,
    Petitioner - Appellant,
    v.
    CHADWICK DOTSON, Director Virginia Department of Corrections; KYLE
    ROSCH, Interstate Compact Administrator,
    Respondents - Appellees.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Norfolk. Douglas E. Miller, Magistrate Judge. (2:23-cv-00022-AWA-DEM)
    Submitted: September 28, 2023                               Decided: November 22, 2023
    Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    David Meyers, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-6524      Doc: 10        Filed: 11/22/2023     Pg: 2 of 2
    PER CURIAM:
    David Meyers seeks to appeal the magistrate judge’s report and recommendation
    entered in Meyers’ 
    28 U.S.C. § 2254
     proceeding. This court may exercise jurisdiction only
    over final orders, 
    28 U.S.C. § 1291
    , and certain interlocutory and collateral orders, 
    28 U.S.C. § 1292
    ; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 
    337 U.S. 541
    ,
    545-46 (1949). The § 2254 petition remains pending in the district court. Therefore, the
    order Meyers seeks to appeal is neither a final order nor an appealable interlocutory or
    collateral order. Accordingly, we 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
    2
    

Document Info

Docket Number: 23-6524

Filed Date: 11/22/2023

Precedential Status: Non-Precedential

Modified Date: 11/23/2023