James Henry FOWLER-BEY, Petitioner - Appellant, v. Calvin JOHNSON, a/k/a C. Johnson, Respondent - Appellee.
Decided: July 17, 2019
Before RICHARDSON and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge.
James Henry Fowler-Bey, Appellant Pro Se.
James Henry Fowler-Bey seeks to appeal the district court's order denying several of his motions and placing his habeas petition in abeyance. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Fowler-Bey 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Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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