David Meyers v. Chadwick Dotson

U.S. Court of Appeals for the Fourth Circuit

David Meyers v. Chadwick Dotson

Opinion

USCA4 Appeal: 23-6524 Doc: 10 Filed: 11/22/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6524

DAVID MEYERS,

Petitioner - Appellant,

v.

CHADWICK DOTSON, Director Virginia Department of Corrections; KYLE ROSCH, Interstate Compact Administrator,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Douglas E. Miller, Magistrate Judge. (2:23-cv-00022-AWA-DEM)

Submitted: September 28, 2023 Decided: November 22, 2023

Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Meyers, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6524 Doc: 10 Filed: 11/22/2023 Pg: 2 of 2

PER CURIAM:

David Meyers seeks to appeal the magistrate judge’s report and recommendation

entered in Meyers’

28 U.S.C. § 2254

proceeding. 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 § 2254 petition remains pending in the district court. Therefore, the

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

collateral order. 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Unpublished