James Fowler-Bey v. Calvin Johnson, No. 19-6241 (4th Cir. 2019)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6241 JAMES HENRY FOWLER-BEY, Petitioner - Appellant, v. CALVIN JOHNSON, a/k/a C. Johnson, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paula Xinis, District Judge. (8:18-cv-01235-PX) Submitted: June 28, 2019 Decided: July 17, 2019 Before RICHARDSON and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. James Henry Fowler-Bey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James Henry Fowler-Bey seeks to appeal the district court’s order denying several of his motions and placing his habeas petition in abeyance. 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 Fowler-Bey seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis 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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