James Pipes v. Thomas McBride, No. 08-8094 (4th Cir. 2008)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8094 JAMES FRANKLIN PIPES, Petitioner - Appellant, v. THOMAS MCBRIDE, Warden, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:05-cv-00058-REM-JSK) Submitted: December 16, 2008 Decided: December 29, 2008 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. James Franklin Pipes, Appellant Pro Se. Deputy Attorney General, Charleston, Appellee. Dawn Ellen Warfield, West Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James order adopting Franklin in part, Pipes appeals vacating in the part, district and court s remanding for further consideration the magistrate judge s recommendation to dismiss under Pipes 28 petition U.S.C. for § 2254 a writ (2000). of habeas This court corpus brought 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 v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Pipes 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 the 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.