Norman Wilkerson v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999938164-2], denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999867151-2] in 16-6425, denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999801542-3] in 16-6425; denying Motion for leave to file [999867150-2] in 16-6425; denying Motion for stay pending appeal [999801542-2] in 16-6425; denying Motion to consolidate case (Local Rule 12(b)) [999795656-2] in 16-6425; denying Motion for other relief [999795656-3] in 16-6425 Originating case number: 2:15-cv-00396-RBS-RJK Copies to all parties and the district court/agency. [999957115]. Mailed to: Norman Wilkerson. [16-4518, 16-6425]

Appeal: 16-4518

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Filed: 10/28/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-4518

NORMAN KEVIN WILKERSON,
Petitioner - Appellant,
v.
HAROLD W. CLARKE,
Corrections,

Director

of

Virginia

Department

of

Department

of

Respondent - Appellee,
and
COMMONWEALTH OF VIRGINIA,
Respondent.

No. 16-6425

NORMAN KEVIN WILKERSON,
Petitioner - Appellant,
v.
HAROLD W. CLARKE,
Corrections,

Director

of

Virginia

Respondent - Appellee,
and
COMMONWEALTH OF VIRGINIA,
Respondent.

Appeal: 16-4518

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Appeals from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Rebecca Beach Smith, Chief
District Judge. (2:15-cv-00396-RBS-RJK)

Submitted:

October 6, 2016

Decided:

October 28, 2016

Before KEENAN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Norman Kevin Wilkerson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 16-4518

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PER CURIAM:
In these consolidated appeals, Norman Kevin Wilkerson seeks
to appeal the district court’s orders dismissing his 28 U.S.C.
§ 2254 (2012) petition without prejudice to his right to refile
the petition after exhausting his state court remedies, denying
his motion to reinstate based on having exhausted the remedies,
denying his Fed. R. Civ. P. 60(b) motion, and denying his motion
for release pending appeal.
over

final

(2012),

and

orders

of

certain

the

We may exercise jurisdiction only
district

interlocutory

court,

and

28

U.S.C.

collateral

§ 1291

orders,

28

U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).
that

the

orders

Wilkerson

seeks

to

appeal

are

We conclude
neither

final

orders nor appealable interlocutory or collateral orders.

See

Goode v. Central Va. Legal Aid, 807 F.3d 619 (4th Cir. 2015).
Accordingly, we deny Wilkerson’s pending motions as moot,
dismiss the appeals for lack of jurisdiction, and remand the
case to the district court with instructions to allow Wilkerson
to reinstate his case and file an amended § 2254 petition.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this Court and argument would not aid the decisional process.

DISMISSED AND REMANDED

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