Claude Davis v. Harold Clarke ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7074
CLAUDE DAVIS,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director, Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, District Judge. (2:18-cv-00062-RAJ-LRL)
Submitted: January 22, 2019 Decided: January 25, 2019
Before MOTZ, KEENAN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Claude Davis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Claude Davis seeks to appeal the district court’s order finding no clear error in the
magistrate judge’s order granting Harold Clarke’s motion for an extension of time and
denying as moot Davis’ motion for default judgment. 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 Davis 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