Knott v. Sacchet

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7854 CARL DWIGHT KNOTT, Petitioner - Appellant, versus JOSEPH P. SACCHET; ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-01- 2047-MJG) Submitted: February 12, 2002 Decided: February 28, 2002 Before WIDENER, WILKINS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Carl Dwight Knott, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Carl Dwight Knott seeks to appeal the district court’s order extending the time in which the Respondents could respond to the order to show cause as to Knott’s petition under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). We dismiss the appeal for lack of juris- diction because the order is not appealable. This court may exer- cise jurisdiction only over final orders and certain interlocutory and collateral orders. 28 U.S.C. §§ 1291, 1292 (1994); Fed. R. Civ. P. 54(b). See also Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We deny a certificate of appealability and dismiss the appeal as interlocutory. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2