U.S. Court of Appeals for the Fourth Circuit, 2016

Jason Scott v. Warden J.T. Shartle

Jason Scott v. Warden J.T. Shartle
U.S. Court of Appeals for the Fourth Circuit · Decided August 23, 2016 · Wilkinson, King, Keenan
668 F. App'x 72

Jason Scott v. Warden J.T. Shartle

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jason Scott seeks to appeal the district court’s order denying several preliminary motions and setting the schedule for submissions in Scott’s 28 U.S.C. § 2254 (2012) petition. This court may exercise jurisdiction only over final orders, 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. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Scott seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis; deny Scott’s motion for injunc-tive relief pending appeal and his petition for a writ of mandamus or, alternatively, for default judgment; 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 this court and argument would not aid the decisional process.

DISMISSED

*

Scott asserts in his petition for a writ of mandamus that the district court has unduly delayed ruling on his § 2254 petition. Our review of the present record reveals no such delay.

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