Michael Gorbey v. Harold Clarke, No. 13-6973 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6973 MICHAEL S. GORBEY, Petitioner - Appellant, v. HAROLD W. CLARKE, Corrections, Director, Virginia Department of Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:12-cv-00667-RAJ-TEM) Submitted: September 26, 2013 Decided: September 30, 2013 Before SHEDD, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael S. Gorbey, Appellant Pro Se. Rosemary Virginia Bourne, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael S. Gorbey seeks to appeal the district court s denial of his appeal from the magistrate judge s order substituting the proper party as Respondent to his 28 U.S.C. § 2254 (2006) deficiencies. petition and directing him to remedy filing 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, 54546 (1949). The order Gorbey seeks to appeal is neither a final order an nor appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 2

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