Carlos Murphy v. USDC, No. 12-7976 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7976 CARLOS LAJUANE MURPHY, Petitioner - Appellant, v. UNITED STATES DISTRICT COURT; STATE OF NORTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:12-hc-02223-F) Submitted: March 28, 2013 Decided: April 1, 2013 Before NIEMEYER, KING, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Carlos LaJuane Murphy, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Carlos LaJuane Murphy seeks to appeal the district court s order dismissing without prejudice his 28 U.S.C. § 2254 (2006) petition for failing to abide by the orders of the court, failing to prosecute, and abandonment of claims. 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., Murphy seeks to 337 U.S. appeal is 541, 545-46 neither a (1949). final The order appealable interlocutory or collateral order. order nor an Murphy may be able to save his petition by amending it to comply with the district court s order. Local Union Accordingly, 392, we 10 See Domino Sugar Corp. v. Sugar Workers F.3d deny leave 1064, to 1066-67 proceed in (4th forma dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials Cir. 1993). pauperis and We dispense with legal contentions are before this and court argument would not aid the decisional process. DISMISSED 2

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