UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6481
JOHNATHAN LEE X SMITH,
Petitioner - Appellant,
v.
GENE M. JOHNSON, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:09-cv-00653-JRS)
Submitted: October 6, 2011 Decided: November 2, 2011
Before NIEMEYER, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Johnathan Lee X Smith, Appellant Pro Se. Donald Eldridge
Jeffrey, III, Assistant Attorney General, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Johnathan Lee X Smith seeks to appeal the district
court’s order dismissing some but not all of his claims filed
with his 28 U.S.C. § 2254 (2006) petition. 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 Smith
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 the court and argument would not aid the decisional
process.
DISMISSED
2