Milton Brown v. Commonwealth of Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6664
MILTON BROWN, a/k/a Sultan Immanuel El-Bey,
Petitioner - Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Roderick Charles Young, Magistrate Judge. (3:18-cv-00136-JAG-RCY)
Submitted: August 23, 2018 Decided: August 28, 2018
Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Milton Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Milton Brown seeks to appeal the magistrate judge’s order directing him to show
cause why Brown’s 28 U.S.C. § 2254 (2012) petition should not be dismissed for failure
to exhaust. 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
show cause order Brown 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
this court and argument would not aid the decisional process.
DISMISSED
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