UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7665
GEORGE RONALD STALVEY,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA; J. R. JAMES,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. W. Earl Britt, Senior Dis-
trict Judge. (CA-99-573-5-BR(2))
Submitted: April 20, 2000 Decided: May 4, 2000
Before WILKINS, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
George Ronald Stalvey, Appellant Pro Se. Robert Edward Skiver,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George Ronald Stalvey, a federal inmate, appeals from the dis-
trict court’s order construing his petition filed pursuant to 28
U.S.C.A. § 2241 (West Supp. 1999) as a motion under 28 U.S.C.A.
§ 2255 (West Supp. 1999) and transferring his case to the Western
District of North Carolina. Stalvey also appeals from the court’s
order denying his motion for bond pending review of his petition
and the court’s subsequent order rescinding the order denying bond
for lack of jurisdiction due to the transfer. We dismiss the
appeal for lack of jurisdiction because the orders are not
appealable.
This court may exercise jurisdiction only over final orders,
28 U.S.C. § 1291 (1994), and certain interlocutory and collateral
orders. See 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); see
also Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
The transfer of a post-conviction petition to another district
court is not a final order, nor is it appealable as a collateral
order. See Middlebrooks v. Smith, 735 F.2d 431 (11th Cir. 1984).
The district court’s order denying bond is not a final order be-
cause it was rescinded, and the rescission order is not appealable
because it does not direct entry of a final judgment as to any
substantive claim under Rule 54(b).
Accordingly, we dismiss the appeal as interlocutory. We dis-
pense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court, and
argument would not aid the decisional process.
DISMISSED
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