Ricky Nelson v. Karen Brown

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7635

RICKY D. NELSON,

Plaintiff - Appellant,

KAREN D. BROWN, Chairman of the Parole Board of Virginia
“DOC”; HAROLD W. CLARKE, Director of VDOC,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Arenda L. Wright Allen,
District Judge. (2:15-cv-00285-AWA-LRL)

Submitted: February 17, 2016 Decided: February 24, 2016

Before NIEMEYER, GREGORY, and DIAZ, Circuit Judges.

Dismissed and remanded by unpublished per curiam opinion.

Ricky D. Nelson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Ricky D. Nelson seeks to appeal the district court’s order

dismissing his complaint without prejudice to his right to file

a petition for a writ of habeas corpus or an amended complaint.

This court may exercise jurisdiction only over final orders of

the district court, 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 Nelson seeks to appeal

is neither a final order nor an appealable interlocutory or

collateral order. See Goode v. Central Va. Legal Aid, 807 F.3d

619 (4th Cir. 2015). Accordingly, we deny Nelson’s motion to

appoint counsel, dismiss the appeal for lack of jurisdiction,

and remand the case to the district court with instructions to

allow Nelson to file an amended complaint or petition. 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 AND REMANDED