Opinion
No. 08-6517.
Submitted: August 21, 2008.
Decided: August 26, 2008.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:07-cv-01274-CMHTRJ).
Andre Raymond Vines, Appellant Pro Se.
Before WILLIAMS, Chief Judge, and KING and DUNCAN, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Andre Raymond Vines seeks to appeal the district court's dismissal without prejudice of his 28 U.S.C. § 2254 (2000) petition. 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 district court's order indicated that the habeas petition was dismissed without prejudice due to Vines' failure to show cause why his claims were not procedurally defaulted or timebarred. See Fed.R.Civ.P. 41(b). This order is neither a final order nor an appealable interlocutory or collateral order, as Vines can cure the relevant defect by filing an amended petition addressing these matters. 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 the court and argument would not aid the decisional process.
DISMISSED.