Ricky Nelson v. Karen Brown

U.S. Court of Appeals for the Fourth Circuit
Ricky Nelson v. Karen Brown, 633 F. App'x 163 (4th Cir. 2016)

Ricky Nelson v. Karen Brown

Opinion

Dismissed and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ricky D. Nelson seeks to appeal the district court’s order dismissing his complaint without prejudice to his right to file a petition for a writ of habeas corpus or an amended complaint. This court may exercise jurisdiction only over final orders of the district court, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. *164 Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Nelson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Goode v. Central Va. Legal Aid, 807 F.3d 619 (4th Cir. 2015). Accordingly, we deny Nelson’s motion to appoint counsel, dismiss the appeal for lack of jurisdiction, and remand the case to the district court with instructions to allow Nelson to file an amended complaint or petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED AND REMANDED.

Reference

Full Case Name
Ricky D. NELSON, Plaintiff-Appellant, v. Karen D. BROWN, Chairman of the Parole Board of Virginia “DOC”; Harold W. Clarke, Director of VDOC, Defendants-Appellees
Status
Unpublished