W.Scott Davis v. Katina Heckard

U.S. Court of Appeals for the Fourth Circuit March 15, 2024

Opinion

USCA4 Appeal: 23-7103 Doc: 6 Filed: 03/15/2024 Pg: 1 of 2

No. 23-7103

Petitioner - Appellant,

Respondent - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Frank W. Volk, District Judge. (5:22-cv-00254)

Submitted: March 12, 2024 Decided: March 15, 2024

Before GREGORY, RICHARDSON, and BENJAMIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Scott Davis, II, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7103 Doc: 6 Filed: 03/15/2024 Pg: 2 of 2

William Scott Davis, II, seeks to appeal the magistrate judge’s report recommending

that the district court dismiss Davis’

28 U.S.C. § 2241

petition. 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 Davis 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.