Johnathan Smith v. Gene Johnson, No. 11-6481 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6481 JOHNATHAN LEE X SMITH, Petitioner - Appellant, v. GENE M. JOHNSON, Director, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:09-cv-00653-JRS) Submitted: October 6, 2011 Decided: November 2, 2011 Before NIEMEYER, MOTZ, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Johnathan Lee X Smith, Appellant Pro Se. Donald Eldridge Jeffrey, III, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Johnathan Lee X Smith seeks to appeal the district court s order dismissing some but not all of his claims filed with his 28 U.S.C. § 2254 (2006) petition. 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). seeks to appeal is neither a final interlocutory or collateral order. order nor The order Smith an appealable 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 the court and argument would not aid the decisional process. DISMISSED 2

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