HERRIOTT v. MCCABE (2019)

United States Court of Appeals, Fourth Circuit.

Kevin HERRIOTT, Plaintiff - Appellant, v. Wayne MCCABE, Warden, Kershaw Correctional Institution, Respondent - Appellee.

No. 19-6878

Decided: October 18, 2019

Before GREGORY, Chief Judge, and THACKER and RUSHING, Circuit Judges.

Kevin Herriott, Appellant Pro Se.

Kevin Herriott appeals the district court's order accepting the magistrate judge's recommendation and dismissing some, but not all, of the claims raised in Herriott's 28 U.S.C. § 2254 (2012) petition. 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 Herriott 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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