UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6934
JOHN PAUL TURNER,
Petitioner - Appellant,
versus
SUPERINTENDENT, Rockbridge Regional
Jail/Augusta County Sheriff,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-03-761-7)
Submitted: September 24, 2004 Decided: November 15, 2004
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Paul Turner, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Paul Turner appeals the district court’s orders
dismissing without prejudice his 28 U.S.C. § 2254 (2000) petition
and denying his motion for reconsideration. Because Turner could
amend the petition to clearly state the claims he wishes to raise
and whether he is in custody pursuant to the relevant conviction,
the dismissal order is interlocutory and not appealable. See
Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064,
1066-67 (4th Cir. 1993). Accordingly, we 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 the court and argument would not aid the
decisional process.
DISMISSED
- 2 -