Knott v. Sacchet

U.S. Court of Appeals for the Fourth Circuit
Knott v. Sacchet, 30 F. App'x 140 (4th Cir. 2002)

Knott v. Sacchet

Opinion

PER CURIAM.

Carl Dwight Knott seeks to appeal the district court’s order extending the time in which the Respondents could respond to the order to show cause as to Knott’s petition under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders and certain interlocutory and collateral orders. 28 U.S.C. §§ 1291, 1292 (1994); Fed. R. Civ.P. 54(b). See also Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S. Ct. 1221, 93 L.Ed. 1528 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We deny a certificate of appealability and dismiss the appeal as interlocutory. 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.

Reference

Full Case Name
Carl Dwight KNOTT, Petitioner-Appellant, v. Joseph P. SACCHET; Attorney General for the State of Maryland, Respondents-Appellees
Status
Unpublished