William Bonner v. M. Rivera

Filing 920081126

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6709

WILLIAM LAMAR BONNER, a/k/a William Bonner, Petitioner - Appellant, v. M L. RIVERA, Estill, Warden, Federal Correctional Institution

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Anderson. William W. Wilkins, Senior Circuit Judge, sitting by designation. (8:07-cv-01498-GRA)

Submitted:

November 20, 2008

Decided:

November 26, 2008

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

William Lamar Bonner, Appellant Pro Se, Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: William district court's Bonner, order a federal the prisoner, appeals of the the

accepting

recommendation

magistrate judge and remanding his request for relief on his 28 U.S.C. § 2241 (2000) petition to the United States Bureau of Prisons. This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral 54(b); (1949). motion orders, v. 28 U.S.C. § 1292 Indus. (2000); Loan Fed. R. Civ. U.S. P. 541

Cohen

Beneficial

Corp.,

337

Following the district court's order, Bonner filed a pursuant that, to Fed. R. Civ. the P. 60(b)(3), Bureau of in which he had

asserted

upon

remand,

Prisons

erroneously rejected his renewed application for nunc pro tunc designation. However, the district court has yet to issue a Accordingly, we dismiss the

final order in regard to this renewed claim. because a final order has not been entered,

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