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Kelly v. Copenhaven

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Dec 20, 2013
548 F. App'x 907 (4th Cir. 2013)

Opinion

No. 13-7424

12-20-2013

LEROY JOSEPH KELLY, Petitioner - Appellant, v. PAUL COPENHAVEN, Warden, Respondent - Appellee.

Leroy Joseph Kelly, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:13-cv-00318-REP) Before KING, GREGORY, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Leroy Joseph Kelly, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Leroy Joseph Kelly seeks to appeal the district court's order dismissing without prejudice his 28 U.S.C. § 2254 (2006) petition for failure to abide by the order of the court. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Kelly seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Kelly may be able to save his petition by amending it to comply with the district court's order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). 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

Kelly v. Copenhaven

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Dec 20, 2013
548 F. App'x 907 (4th Cir. 2013)
Case details for

Kelly v. Copenhaven

Case Details

Full title:LEROY JOSEPH KELLY, Petitioner - Appellant, v. PAUL COPENHAVEN, Warden…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Dec 20, 2013

Citations

548 F. App'x 907 (4th Cir. 2013)