Robert Stanback v. Faye Daniel

Filing

UNPUBLISHED PER CURIAM OPINION filed.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. [1000129074]. Mailed to: Robert Antwain Stanback. [17-6597]

Appeal: 17-6597

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6597

ROBERT ANTWAIN STANBACK,
Petitioner - Appellant,
v.
FAYE DANIELS,
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-6597

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Filed: 08/01/2017

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PER CURIAM:
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.

DISMISSED

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