NEWKIRK v. DEPT OF CORRECTIONS (2018)

Kenneth H. Newkirk appeals the district court's order dismissing his 28 U.S.C. § 2254 (2012) petition without prejudice for failure to comply with the court's prior order and denying his motion for recusal.^* He also appeals the court's order denying his motions for bond and for an evidentiary hearing. We have reviewed the record and find no reversible error. Accordingly, we grant Newkirk leave to proceed in forma paupers and affirm for the reasons stated by the district court. Newkirk v. Dep't of Corr., No. 3:18-cv-00312-HEH-RCY (E.D. Va. May 24, 2018 & June 15, 2018). We deny a certificate of appealability as unnecessary. See Harbison v. Bell, 556 U.S. 180, 183, 129 S.Ct. 1481, 173 L.Ed.2d 347 (2009); United States v. McRae, 793 F.3d 392, 399 (4th Cir. 2015). 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.

AFFIRMED

FOOTNOTES

FOOTNOTE.   Although the dismissal is without prejudice, we conclude that the order is final and appealable because Newkirk could not “save his action by merely amending his complaint.” Goode v. Cent. Va. Legal Aid Soc'y, Inc., 807 F.3d 619, 623 (4th Cir. 2015) (internal quotation marks omitted).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.