Brandon Williams v. Harold Clarke

U.S. Court of Appeals for the Fourth Circuit

Brandon Williams v. Harold Clarke

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6665

BRANDON MARTEL WILLIAMS,

Petitioner - Appellant,

v.

HAROLD W. CLARKE,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:20-cv-00255-AJT-TCB)

Submitted: November 19, 2020 Decided: November 23, 2020

Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Brandon Martel Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Brandon Martel Williams seeks to appeal the district court’s order dismissing

without prejudice his

28 U.S.C. § 2254

petition for failure to pay the filing fee. This court

may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

, and certain interlocutory

and collateral orders,

28 U.S.C. § 1292

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

Loan Corp.,

337 U.S. 541, 545-46

(1949). The order Williams seeks to appeal is neither a

final order nor an appealable interlocutory or collateral order. Williams has since paid the

filing fee and the district court refiled Williams’ § 2254 proceeding. Accordingly, we

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Unpublished