Opinion
No. 18-7074
01-25-2019
CLAUDE DAVIS, Petitioner - Appellant, v. HAROLD CLARKE, Director, Department of Corrections, Respondent - Appellee.
Claude Davis, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:18-cv-00062-RAJ-LRL) Before MOTZ, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Claude Davis, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Claude Davis seeks to appeal the district court's order finding no clear error in the magistrate judge's order granting Harold Clarke's motion for an extension of time and denying as moot Davis' motion for default judgment. 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 order Davis 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