Swart v. Johnson

Filing 920071113

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7961

HAMILTON H. SWART, III, Petitioner - Appellant, versus GENE M. JOHNSON, Director, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:06-cv-00911-TSE)

Submitted:

October 24, 2007

Decided:

November 13, 2007

Before KING, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Hamilton H. Swart, III, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Hamilton H. Swart, III, seeks to appeal the district court's order advising him that he had the right to file affidavits or other material contesting the application of the statute of limitations in his 28 U.S.C. § 2254 (2000) proceeding. This court

may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). is neither a final order nor The order Swart seeks to appeal 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 the court and argument would not aid the decisional process.

DISMISSED

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