Edward Mercer v. David Ballard

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:12-cv-00040-JPB-DJJ. Copies to all parties and the district court/agency. [999156491]. Mailed to: Edward Mercer. [13-6738]

Appeal: 13-6738

Doc: 7

Filed: 07/23/2013

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6738

EDWARD J. MERCER,
Petitioner - Appellant,
v.
WARDEN DAVID BALLARD,
Respondent - Appellee.

Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:12-cv-00040-JPB-DJJ)

Submitted:

July 18, 2013

Decided:

July 23, 2013

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Edward J. Mercer, Appellant Pro Se.
Robert David Goldberg,
Assistant Attorney General, Silas B. Taylor, OFFICE OF THE
ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-6738

Doc: 7

Filed: 07/23/2013

Pg: 2 of 2

PER CURIAM:
Edward J. Mercer seeks to appeal the district court’s
order

adopting

in

part

and

declining

to

adopt

in

part

the

magistrate judge’s report and recommendation, and dismissing as
untimely all but one of Mercer’s claims in his pending 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, 545-46 (1949).
is

neither

a

final

order

The order Mercer seeks to appeal

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

materials

legal
before

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.

DISMISSED

2