From Casetext: Smarter Legal Research

Earl v. Virginia

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 7, 2020
No. 19-7652 (4th Cir. Apr. 7, 2020)

Opinion

No. 19-7652

04-07-2020

SEAN S. EARL, Petitioner - Appellant, v. COMMONWEALTH OF VIRGINIA, Respondent - Appellee.

Sean S. Earl, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Roderick Charles Young, Magistrate Judge. (3:19-cv-00547-REP-RCY) Before FLOYD, THACKER, and RICHARDSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Sean S. Earl, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Sean S. Earl filed a notice of appeal in his pending 28 U.S.C. § 2254 (2018) proceedings. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2018), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2018); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). Here, the district court has not entered a final order, and Earl fails to identify an interlocutory or collateral order from which he seeks to appeal. See Fed. R. App. P. 3(c)(1)(B) ("The notice of appeal must . . . designate the judgment, order, or part thereof being appealed). Accordingly, we 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


Summaries of

Earl v. Virginia

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 7, 2020
No. 19-7652 (4th Cir. Apr. 7, 2020)
Case details for

Earl v. Virginia

Case Details

Full title:SEAN S. EARL, Petitioner - Appellant, v. COMMONWEALTH OF VIRGINIA…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Apr 7, 2020

Citations

No. 19-7652 (4th Cir. Apr. 7, 2020)