Robert Gillins v. R. Hudgins, No. 22-6069 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-6069 ROBERT BRUCE GILLINS, Petitioner - Appellant, v. WARDEN R. HUDGINS, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:21-cv-00093-JPB-JPM) Submitted: May 24, 2022 Decided: May 27, 2022 Before NIEMEYER, KING, and RICHARDSON, Circuit Judges. Dismissed and remanded by unpublished per curiam opinion. Robert Bruce Gillins, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Bruce Gillins seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2241 petition and Fed. R. Civ. P. 59(e) motion. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). “Ordinarily, a district court order is not final until it has resolved all claims as to all parties.” Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted). Our review of the record reveals that the district court did not adjudicate all of the claims raised in the petition. Id. at 696-97. Specifically, the court failed to address Gillins’ equal protection claim. We conclude that the orders Gillins seeks to appeal are neither final orders nor appealable interlocutory or collateral orders. Accordingly, we dismiss the appeal for lack of jurisdiction and remand to the district court for consideration of the unresolved claim. Id. at 699. We express no view on the merits of any of Gillins’ claims. We deny Gillins’ motion to file an amended informal brief as unnecessary and 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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