Thomas Chilton, III v. Loretta Kelly

U.S. Court of Appeals for the Fourth Circuit

Thomas Chilton, III v. Loretta Kelly

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6623

THOMAS A. CHILTON, III,

Petitioner - Appellant,

v.

LORETTA KELLY, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:10-cv-00871-JRS)

Submitted: October 11, 2011 Decided: October 24, 2011

Before NIEMEYER, SHEDD, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas A. Chilton, III, Appellant Pro Se. Donald Eldridge Jeffrey, III, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Thomas A. Chilton, III, seeks to appeal the district

court’s order denying his motion for a change of venue. This

court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

(2006), and certain interlocutory and collateral

orders,

28 U.S.C. § 1292

(2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

337 U.S. 541, 545-46

(1949). The

order Chilton seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. See Ellicott

Mach. Corp. v. Modern Welding Co.,

502 F.2d 178, 180

(4th Cir.

1974). 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

2

Reference

Status
Unpublished