Wilbert Proffitt v. US

Filing 920080729

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6174

WILBERT EUGENE PROFFITT, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:07-cv-03443-JFM)

Submitted:

July 17, 2008

Decided:

July 29, 2008

Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Wilbert Eugene Proffitt, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Wilbert Eugene Proffitt seeks to appeal the district court's order transferring his 28 U.S.C. § 2241 (2000) petition to the United States District Court for the Eastern District of Virginia. 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). The

order Proffitt 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 the court and argument would not aid the decisional process. DISMISSED

- 2 -