Cobb v. State of WV
Cobb v. State of WV
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 99-2183
WILLIAM HOLT COBB,
Plaintiff - Appellant,
versus
STATE OF WEST VIRGINIA,
Defendant - Appellee.
Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. Jerry D. Hogg, Magistrate Judge. (CA-99-335-2)
Submitted: January 4, 2000 Decided: February 7, 2000
Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.
Dismissed by unpublished per curiam opinion.
William Holt Cobb, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:
In this appeal, the district court construed a pro se document
styled as a “Notice of Appeal” to a “United States District Court
Judge” as a notice of appeal to this court. The court took the
view that William Holt Cobb sought to appeal the district court's
order denying his appeal from the magistrate judge's order that
placed his petition for writ of coram nobis in abeyance. See Cobb
v. West Virginia, No. CA-99-335-2 (S.D.W. Va. Aug. 25, 1999). Be-
cause we conclude that the notice of appeal is inadequate to confer
jurisdiction on this court, we dismiss the appeal for lack of
jurisdiction. Pursuant to Fed. R. App. P 3(c)(1)(C), the notice of
appeal must name the court to which appeal is taken. Cobb’s notice
of appeal names only the United States District Court as the court
to which appeal is taken. Thus, we are without jurisdiction even
if we accord Cobb’s filing a liberal construction.*
Accordingly, we dismiss the appeal and 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
* We further note that even if Cobb had properly filed an appeal to this court from the district court’s order denying Cobb’s appeal from the magistrate judge’s order placing his petition for a writ of coram nobis in abeyance, we would still lack jurisdiction to review the district court’s order because it was neither a final judgment nor an interlocutory order reviewable on appeal.
2
Reference
- Status
- Unpublished