USCA4 Appeal: 21-7571 Doc: 9 Filed: 11/09/2022 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-7571

LODISE WADLEY,

Petitioner - Appellant,

v.

WARDEN R. HUDGINS,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. John Preston Bailey, District Judge. (1:20-cv-00020-JPB-JPM)

Submitted: October 28, 2022 Decided: November 9, 2022

Before NIEMEYER, AGEE, and HEYTENS, Circuit Judges.

Dismissed and remanded by unpublished per curiam opinion.

Lodise Wadley, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-7571 Doc: 9 Filed: 11/09/2022 Pg: 2 of 3

PER CURIAM:

Lodise Wadley seeks to appeal the district court’s order dismissing his

petition in which he sought to challenge his felon-in-possession convictions and his

sentence by way of the savings clause in

(e). This court may exercise

jurisdiction only over final orders,

, and certain interlocutory and

collateral orders,

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

Corp.,

(1949). “Ordinarily, a district court order is not final until it

has resolved all claims as to all parties.” Porter v. Zook,

(4th Cir. 2015)

(internal quotation marks omitted).

Our review of the record reveals that the district court did not adjudicate all of the

claims raised in the petition. See

. Although the district court addressed

Wadley’s challenge to his convictions through the savings clause, the court did not address

Wadley’s challenge to his sentence through the same. See United States v. Wheeler,

(4th Cir. 2018) (distinguishing between challenge to conviction and

challenge to sentence through savings clause and establishing four-part test to determine

whether § 2241 petitioner may challenge sentence). We therefore conclude that the order

Wadley seeks to appeal is neither a final order nor an appealable interlocutory or collateral

order. Accordingly, we dismiss the appeal for lack of jurisdiction and remand to the district

court for consideration of the unresolved claim. * Porter,

.

* We express no opinion as to the merits of Wadley’s claims.

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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 AND REMANDED

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