Kenneth Barbour v. Gene Johnson

Filing 920100527

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6076

KENNETH EDWARD BARBOUR, Petitioner ­ Appellant, v. GENE M. JOHNSON, Corrections, Director of the Virginia Department of

Respondent ­ Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. F. Bradford Stillman, Magistrate Judge. (2:09-cv-00302-MSD-FBS)

Submitted:

May 20, 2010

Decided:

May 27, 2010

Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenneth Edward Barbour, Appellant Pro Se. Benjamin Hyman Katz, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Kenneth Edward Barbour seeks to appeal the magistrate judge's order directing the Respondent to answer his 28 U.S.C. § 2254 (2006) petition. This court may exercise jurisdiction

only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). neither a final order The order Barbour seeks to appeal is nor an appealable interlocutory or

collateral order.

Accordingly, we deny what we construe as a

motion to expedite a decision in this appeal 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

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