U.S. Court of Appeals for the Fourth Circuit, 2001

Lebedun v. Baskerville

Lebedun v. Baskerville
U.S. Court of Appeals for the Fourth Circuit · Decided April 18, 2001 · Niemeyer, Williams, Gregory
12 F. App'x 123

Lebedun v. Baskerville

Opinion

PER CURIAM.

Allen Lebedun appeals from a district court order dismissing without prejudice his petition for habeas corpus under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). The court dismissed Lebedun’s petition because he failed to pay the filing fee as directed. Because Lebedun may proceed with this action in the district court by complying with the court’s order, his appeal is interlocutory and not subject to appellate review. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).

Accordingly, we deny Lebedun’s motion for relief from judgment, deny a certificate of appealability, and 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.

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