U.S. Court of Appeals for the Fourth Circuit, 2005

Turner v. Superintendent of Rockbridge Regional Jail

Turner v. Superintendent of Rockbridge Regional Jail
U.S. Court of Appeals for the Fourth Circuit · Decided June 20, 2005 · Niemeyer, Luttig, Michael
134 F. App'x 637

Turner v. Superintendent of Rockbridge Regional Jail

Opinion

PER CURIAM:

John Paul Turner appeals the district court’s orders dismissing without prejudice his 28 U.S.C. § 2254 (2000) petition and denying his motion for reconsideration. Because Turner could amend the petition to clearly state (1) the nature of his claims and (2) whether he is in custody pursuant to the relevant conviction, the dismissal order is interlocutory and not appealable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we 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. Turner’s motion to proceed on appeal in forma pauperis is denied.

DISMISSED

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