James M. Connell v. William Davis, Warden Attorney General of The State of South Carolina, 97 F.3d 1446, 4th Cir. (1996)
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Scribd Government DocsJames M. Connell v. William Davis, Warden Attorney General of The State of South Carolina, 97 F.3d 1446, 4th Cir. (1996)
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Scribd Government Docs97 F.
3d 1446
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of unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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 M. CONNELL, Petitioner--Appellant,
v.
William DAVIS, Warden; Attorney General of the State of
South Carolina, Respondents--Appellees.
No. 95-7839.
United States Court of Appeals, Fourth Circuit.
Submitted Sept. 20, 1996
Decided Sept. 30, 1996
James M. Connell, Appellant Pro Se. Donald John Zelenka, Chief Deputy
Attorney General, Columbia, South Carolina, for Appellees.
Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.
PER CURIAM:
Appellant appeals the grant of summary judgment to the Respondents on all but
one claim of Appellant's habeas corpus 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 (1994), and certain
interlocutory and collateral orders, 28 U.S.C. 1292 (1994); 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.
We deny a certificate of probable cause to appeal; to the extent that a certificate
of appealability is required, we deny it. We dismiss the appeal as interlocutory.
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.
