Burl Howell v. Delaware

Filing 920090223

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1909

BURL ANDERSON HOWELL, Plaintiff ­ Appellant, v. DELAWARE, State of, Defendant ­ Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-hc-02036-FL)

Submitted:

February 19, 2009

Decided:

February 23, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Burl Anderson Howell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Burl court's District order Court Anderson Howell his seeks to appeal the the district States further

transferring for the

action of

to

United for

District

Delaware

proceedings.

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); (1949). Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541

The order Howell seeks to appeal is neither a final See

order nor an appealable interlocutory or collateral order.

In re Carefirst of Md., Inc., 305 F.3d 253, 257 (4th Cir. 2002). Accordingly, we deny leave to proceed in forma pauperis, deny the motion to consolidate, 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 the court and argument would not aid the decisional

process. DISMISSED

2