Darrin Holston v. Leroy Cartledge

U.S. Court of Appeals for the Fourth Circuit

Darrin Holston v. Leroy Cartledge

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6040

DARRIN D. HOLSTON,

Petitioner - Appellant,

v.

LEROY CARTLEDGE,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry M. Herlong, Jr., Senior District Judge. (9:17-cv-00899-HMH-BM)

Submitted: March 29, 2018 Decided: April 3, 2018

Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Darrin D. Holston, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General, Caroline M. Scrantom, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Darrin D. Holston seeks to appeal the district court’s order adopting the magistrate

judge’s recommendation, denying Holston’s motion to stay the proceedings without

prejudice, and denying Holston’s motion to amend his

28 U.S.C. § 2254

(2012) petition as

moot. 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

(1949). The order

Holston 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 this court and argument would

not aid the decisional process.

DISMISSED

2

Reference

Status
Unpublished