UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6481

JOHNATHAN LEE X SMITH,

Petitioner - Appellant,

v.

GENE M. JOHNSON, Director,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:09-cv-00653-JRS)

Submitted: October 6, 2011 Decided: November 2, 2011

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnathan Lee X Smith, 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Unpublished opinions are not binding precedent in this circuit.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:

Johnathan Lee X Smith seeks to appeal the district

court’s order dismissing some but not all of his claims filed

with his

(2006) petition. This court may

exercise jurisdiction only over final orders,

(2006), and certain interlocutory and collateral orders,

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

Indus. Loan Corp.,

(1949). The order Smith

seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we deny leave

to proceed in forma pauperis 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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