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Lamont Dorsey v. Jeffery Kiser
697 F. App'x 783
| 4th Cir. | 2017
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*1 Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Lamont Dorsey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Lamont Dorsey seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2012) petition for failure to comply with the court’s order. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545-47 (1949). Because Dorsey may remedy the deficiency by refiling his petition using the correct forms, we conclude that the order Dorsey seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Goode v. Cent. Va. Legal Aid Soc’y, Inc. , 807 F.3d 619, 623 (4th Cir. 2015); Domino Sugar Corp. v. Sugar Workers Local Union 392 , 10 F.3d 1064, 1066-67 (4th Cir. 1993).

Accordingly, we deny leave to proceed in forma pauperis and 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

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Case Details

Case Name: Lamont Dorsey v. Jeffery Kiser
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Sep 28, 2017
Citation: 697 F. App'x 783
Docket Number: 17-6700
Court Abbreviation: 4th Cir.
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