Mohler v. Gunja

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6257
WARD EVERETTE MOHLER,
Plaintiff - Appellant,
versus
J. E. GUNJA, Warden,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CR-
91-131, CA-00-3682-DKC)
Submitted: May 31, 2001 Decided: June 8, 2001
Before WILKINS, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ward Everette Mohler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ward Mohler appeals an order of the district court trans-
ferring his postconviction proceeding from the District of Maryland
to the Western District of Virginia. We dismiss the appeal for
lack of jurisdiction because the order is not appealable. This
court may exercise jurisdiction only over final orders, 28 U.S.C.
§ 1291 (1994), and certain interlocutory and collateral orders, 28
U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is
neither a final order nor an appealable interlocutory or collateral
order. Van Orman v. Purkett, 43 F.3d 1201, 1202-03 (8th Cir. 1994);
Middlebrooks v. Smith, 735 F.2d 431, 432-33 (11th Cir. 1984).
We deny a certificate of appealability and dismiss the appeal
as interlocutory. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
DISMISSED
2