Robert Roberts v. Warden, No. 12-6999 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6999 ROBERT ROBERTS, Petitioner - Appellant, v. WARDEN, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:12-cv-01418-AW) Submitted: September 27, 2012 Decided: October 2, 2012 Before MOTZ, DAVIS, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Roberts, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Roberts seeks to appeal the district court s order construing petition his filing dismissing raised therein issues and original § 2254 district court. as it, a 28 U.S.C. § 2254 petition, prejudice, adequately are without presented which is currently (2006) because in the Roberts pending in the 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). The order Roberts seeks to appeal is neither a final order an nor Accordingly, we appealable deny interlocutory leave to proceed or in collateral forma dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials legal before order. pauperis and We dispense with contentions the court are and argument would not aid the decisional process. DISMISSED 2

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