UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6738
KENNETH NEWKIRK,
Petitioner - Appellant,
v.
DEPARTMENT OF CORRECTIONS, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Roderick Charles Young,
Magistrate Judge. (3:16-cv-00265-HEH-RCY)
Submitted: August 18, 2016 Decided: August 23, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kenneth H. Newkirk, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Newkirk seeks to appeal the magistrate judge’s order
conditionally filing Newkirk’s 28 U.S.C. § 2254 (2012) petition,
directing the clerk to take certain actions, and denying without
prejudice Newkirk’s request for an injunction and motion to
dismiss. This court may exercise jurisdiction only over final
orders, 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 Newkirk seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
deny leave to proceed in forma pauperis and 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 this court and argument would not aid the
decisional process.
DISMISSED
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