Gerald Whiting v. Harold W. Clark

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00621-CMH-TCB Copies to all parties and the district court/agency. [999779271]. Mailed to: Whiting. [16-6003]

Appeal: 16-6003

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6003

GERALD WHITING,
Petitioner - Appellant,
v.
HAROLD W. CLARK, Director of VA Department of Corrections,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:15-cv-00621-CMH-TCB)

Submitted:

March 17, 2016

Decided:

March 22, 2016

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Dismissed and remanded by unpublished per curiam opinion.

Gerald Whiting, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6003

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Filed: 03/22/2016

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PER CURIAM:
Gerald Whiting seeks to appeal the district court’s order
dismissing

his

28

U.S.C.

§ 2254

(2012)

petition

prejudice for failing to comply with a court order.
may

exercise

jurisdiction

only

over

final

orders,

without

This court
28 U.S.C.

§ 1291 (2012), and certain interlocutory and collateral orders,
28

U.S.C.

§ 1292

(2012);

Fed.

R.

Civ.

P.

54(b);

Cohen

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).

v.
The

order Whiting seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order.

See Domino Sugar

Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67
(4th Cir. 1993).

Accordingly, we dismiss the appeal for lack of

jurisdiction

remand

and

the

case

to

the

district

court

with

instructions to allow Whiting to file an amended petition.

See

Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 630 (4th
Cir. 2015).

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials
before

this

court

and

argument

would

not

aid

the

decisional

process.

DISMISSED AND REMANDED

2