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Koon v. Rushton

United States Court of Appeals, Fourth Circuit
Jun 21, 2007
230 F. App'x 315 (4th Cir. 2007)

Opinion

No. 07-6239.

Submitted: June 15, 2007.

Decided: June 21, 2007.

Appeal from the United States District Court for the District of South Carolina, at Anderson. R. Bryan Harwell, District Judge. (8:05-cv-02523-RBH).

Robert Holland Koon, Appellant Pro Se. Donald John Zelenka, William Edgar Salter, III, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellees.

Before WIDENER, MICHAEL, and KING, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Robert Holland Koon seeks to appeal the district court's order denying his motion to stay federal proceedings pending resolution of his state court proceedings. The court's order also rejected the magistrate judge's recommendation that Koon's entire 28 U.S.C. § 2254 (2000) petition be dismissed and recommitted the matter to the magistrate judge for further proceedings. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Koon seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. 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 the court and argument would not aid the decisional process.

DISMISSED.


Summaries of

Koon v. Rushton

United States Court of Appeals, Fourth Circuit
Jun 21, 2007
230 F. App'x 315 (4th Cir. 2007)
Case details for

Koon v. Rushton

Case Details

Full title:Robert Holland KOON, Petitioner-Appellant, v. Colie RUSHTON, Warden of…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 21, 2007

Citations

230 F. App'x 315 (4th Cir. 2007)