Anthony Johnson v. Leroy Cartledge, No. 13-6931 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6931 ANTHONY JESUS JOHNSON, Petitioner - Appellant, v. WARDEN LEROY CARTLEDGE, Respondent - Appellee, and ATTY GEN ALAN WILSON; THE STATE, Respondents. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., Senior District Judge. (8:12-cv-01536-GRA-JDA) Submitted: September 24, 2013 Before NIEMEYER and Senior Circuit Judge. THACKER, Decided: Circuit September 27, 2013 Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Anthony Jesus Johnson, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, James Anthony Mabry, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Anthony court s order Jesus adopting Johnson the seeks to appeal recommendation of the the district magistrate judge and denying the respondents motion for summary judgment in Johnson s 28 U.S.C. § 2254 (2006) action. 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 Johnson Corp., seeks to 337 U.S. appeal is 541, 545-46 neither a (1949). final appealable interlocutory or collateral order. dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials The order order nor an Accordingly, we We dispense with legal contentions are before this and court argument would not aid the decisional process. DISMISSED 3

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