Connell v. Davis

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7839 JAMES M. CONNELL, Petitioner - Appellant, versus WILLIAM DAVIS, Warden; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. William B. Traxler, Jr., District Judge. (CA-94-3326-0-21BD) Submitted: September 20, 1996 Decided: September 30, 1996 Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. James M. Connell, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the grant of summary judgment to the Respon- dents on all but one claim of Appellant's habeas corpus petition. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We deny a certificate of probable cause to appeal; to the extent that a certificate of appealability is required, we deny it. We dismiss the appeal as interlocutory. 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