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James Outlaw v. State of South Carolina Charles H. Condon, Attorney General of The State of South Carolina, 89 F.3d 829, 4th Cir. (1996)

The court dismissed the appeal for lack of jurisdiction. The order granting an extension of time for the state to respond to the appellant's habeas corpus petition was not a final appealable order, but rather an interlocutory order. The court denied a certificate of appealability and dismissed the appeal as interlocutory. It also denied the appellant's motion for bail pending appeal as moot.

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27 views2 pages

James Outlaw v. State of South Carolina Charles H. Condon, Attorney General of The State of South Carolina, 89 F.3d 829, 4th Cir. (1996)

The court dismissed the appeal for lack of jurisdiction. The order granting an extension of time for the state to respond to the appellant's habeas corpus petition was not a final appealable order, but rather an interlocutory order. The court denied a certificate of appealability and dismissed the appeal as interlocutory. It also denied the appellant's motion for bail pending appeal as moot.

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89 F.

3d 829

NOTICE: Fourth Circuit Local Rule 36(c) states that citation


of unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
James OUTLAW, Petitioner-Appellant,
v.
STATE of South Carolina; Charles H. Condon, Attorney
General of the State of South Carolina,
Respondents-Appellees.
No. 96-6419.

United States Court of Appeals, Fourth Circuit.


Submitted June 20, 1996.
Decided July 2, 1996.

Appeal from the United States District Court for the District of South
Carolina, at Columbia. Joseph R. McCrorey, Magistrate Judge. (CA-953827-3-22BC)
James Outlaw, Appellant Pro Se. Donald John Zelenka, Chief Deputy
Attorney General, Columbia, South Carolina, for Appellees.
D.S.C.
DISMISSED.
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
PER CURIAM:

Appellant appeals the order of the magistrate judge granting Respondents an


extension of time in which to respond to Appellant's 28 U.S.C. 2254 (1988)
petition. We dismiss the appeal for lack of jurisdiction because the order is not
appealable. This court may exercise jurisdiction only over final orders, 28

U.S.C. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C.
1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337
U.S. 541 (1949). The order here appealed is neither a final order nor an
appealable interlocutory or collateral order.
2

We deny a certificate of appealability and dismiss the appeal as interlocutory.


We deny as moot Appellant's motion for bail pending appeal. We dispense with
oral argument because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the decisional
process.

DISMISSED.

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