Joseph Coppola v. Terry O'Brien


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999759391-2] Originating case number: 3:15-cv-00096-GMG-RWT Copies to all parties and the district court/agency. [999864467]. Mailed to: Joseph Coppola. [16-6138]

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Appeal: 16-6138 Doc: 12 Filed: 06/23/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6138 JOSEPH COPPOLA, Petitioner - Appellant, v. TERRY O’BRIEN, Warden, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Robert W. Trumble, Magistrate Judge. (3:15-cv-00096-GMG-RWT) Submitted: June 21, 2016 Decided: June 23, 2016 Before DUNCAN, KEENAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Joseph Coppola, Appellant Pro Se. Helen Campbell Altmeyer, Assistant United States Attorney, Wheeling, West Virginia; Erin K. Reisenweber, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6138 Doc: 12 Filed: 06/23/2016 Pg: 2 of 2 PER CURIAM: Joseph Coppola seeks to appeal the magistrate judge’s order denying his motion for entry of default on his 28 U.S.C. § 2241 (2012) petition. This court may exercise jurisdiction only over final orders, 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 v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949). The order Coppola seeks to appeal is neither a final order an nor appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis 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 this court and argument would not aid the decisional process. DISMISSED 2

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