UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6045
EDWARD L. WATSON,
Petitioner - Appellant,
v.
GENE JOHNSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Anthony John Trenga,
District Judge. (1:09-cv-00651-AJT-TRJ)
Submitted: July 22, 2010 Decided: July 30, 2010
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Edward L. Watson, Appellant Pro Se. Alice Theresa Armstrong,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edward L. Watson appeals from the district court’s
order denying his Motion for Scientific Analysis of Untested
Evidence filed in the course of his 28 U.S.C. § 2254 (2006)
proceeding. Because the district court has not yet ruled on the
remaining claims in Watson’s habeas petition, we dismiss the
appeal as interlocutory. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (2006), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2006);
Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541, 545-46 (1949). The order Watson seeks to appeal
is neither a final order nor an appealable interlocutory or
collateral order. 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