U.S. Court of Appeals for the Fourth Circuit, 2017

Tavon Singletary v. State of Maryland

Tavon Singletary v. State of Maryland
U.S. Court of Appeals for the Fourth Circuit · Decided July 25, 2017 · Duncan, Wynn, Hamilton
693 F. App'x 263

Tavon Singletary v. State of Maryland

Opinion

Unpublished opinions are not binding precedent in this' circuit.

PER CURIAM:

Tavon P. Singletary seeks to appeal an order of the district court dated April 27, 2017. 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). Our review of the docket does not reveal an order entered on that date. To the extent that Singletary seeks to appeal the district court’s orders ordering him to file a response to the Respondent’s motion to dismiss or returning improperly filed discovery motions, those orders are not final nor are they immediately appealable interlocutory or collateral orders. Moreover, although the district court dismissed Sin-gletary’s 28 U.S.C. § 2254 (2012) petition after he filed his notice of appeal, his premature notice of appeal cannot he saved by the doctrine of cumulative finality. In re Bryson, 406 F.3d 284, 288 (4th Cir. 2005). Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with *264 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

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