UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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