Robert Stanback v. Faye Daniel
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000090502-2] Originating case number: 1:16-cv-01301-CCE-JLW Copies to all parties and the district court/agency. . Mailed to: Robert Antwain Stanback. [17-6597]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ROBERT ANTWAIN STANBACK,
Petitioner - Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Joe L. Webster, Magistrate Judge. (1:16-cv-01301-CCE-JLW)
Submitted: July 27, 2017
Decided: August 1, 2017
Before AGEE and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert Antwain Stanback, Appellant Pro Se. Clarence Joe DelForge, III, NORTH
CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Robert Antwain Stanback seeks to appeal the magistrate judge’s report
recommending that the district court dismiss Stanback’s 28 U.S.C. § 2254 (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, 545-46 (1949). The
order Stanback seeks to appeal is neither a final order nor an 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.
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