Gerald Whiting v. Harold Clark, No. 16-6003 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6003 GERALD WHITING, Petitioner - Appellant, v. HAROLD W. CLARK, Director of VA Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:15-cv-00621-CMH-TCB) Submitted: March 17, 2016 Decided: March 22, 2016 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Dismissed and remanded by unpublished per curiam opinion. Gerald Whiting, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gerald Whiting seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2012) petition prejudice for failing to comply with a court order. may exercise jurisdiction only over final orders, without This court 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). v. The order Whiting seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we dismiss the appeal for lack of jurisdiction remand and the case to the district court with instructions to allow Whiting to file an amended petition. See Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 630 (4th Cir. 2015). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED AND REMANDED 2

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