UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7976
CARLOS LAJUANE MURPHY,
Petitioner - Appellant,
v.
UNITED STATES DISTRICT COURT; STATE OF NORTH CAROLINA,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:12-hc-02223-F)
Submitted: March 28, 2013 Decided: April 1, 2013
Before NIEMEYER, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Carlos LaJuane Murphy, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Carlos LaJuane Murphy seeks to appeal the district
court’s order dismissing without prejudice his 28 U.S.C. § 2254
(2006) petition for failing to abide by the orders of the court,
failing to prosecute, and abandonment of claims. 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
Murphy seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Murphy may be
able to save his petition by amending it to comply with the
district court’s order. See Domino Sugar Corp. v. Sugar Workers
Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
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
2