Burl Howell v. Delaware, No. 08-1909 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1909 BURL ANDERSON HOWELL, Plaintiff Appellant, v. DELAWARE, State of, Defendant Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-hc-02036-FL) Submitted: February 19, 2009 Decided: February 23, 2009 Before WILKINSON, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Burl Anderson Howell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Burl court s Anderson order District transferring Court proceedings. Howell for the seeks his to action District appeal to of the the district United Delaware States for further This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen (1949). v. Beneficial Indus. Loan Corp., 337 U.S. 541 The order Howell seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See In re Carefirst of Md., Inc., 305 F.3d 253, 257 (4th Cir. 2002). Accordingly, we deny leave to proceed in forma pauperis, deny the motion to consolidate, 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

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