Graham Schiff v. Warden, No. 23-6935 (4th Cir. 2023)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-6935 GRAHAM SCHIFF, Petitioner - Appellant, v. WARDEN, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Theodore D. Chuang, District Judge. (1:22-cv-03332-TDC) Submitted: October 19, 2023 Decided: December 19, 2023 Before NIEMEYER, RICHARDSON, and BENJAMIN, Circuit Judges. Dismissed by unpublished per curiam opinion. Graham Harry Schiff, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Graham Harry Schiff seeks to appeal the district court’s order denying his motion to stay adjudication of a pending 28 U.S.C. § 2254 petition, concluding his 28 U.S.C. § 2241 petition was duplicative, granting a motion to seal filed by Respondent, and ruling on various nondispositive motions. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Schiff seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.