Jacques Villafana v. Henry Padrick, Jr., No. 19-6206 (4th Cir. 2019)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6206 JACQUES PAUL VILLAFANA, Plaintiff - Appellant, v. HENRY THOMAS PADRICK, JR., Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Roderick Charles Young, Magistrate Judge. (3:18-cv-00890-REP-RCY) Submitted: June 20, 2019 Decided: June 25, 2019 Before NIEMEYER, AGEE, and RICHARDSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Jacques Paul Villafana, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jacques Paul Villafana seeks to appeal the district court’s order docketing his complaint on the condition that Villafana either prepay the filing fee or comply with procedures to proceed in forma pauperis. This court may exercise jurisdiction only over final orders, 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 v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Villafana seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis, deny Villafana’s motion to stay, and dismiss the appeal for lack of jurisdiction. 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 2

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