Turner v. Superintendent of Rockbridge Regional Jail , 134 F. App'x 637 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7916
JOHN PAUL TURNER,
Petitioner - Appellant,
versus
SUPERINTENDENT OF ROCKBRIDGE REGIONAL JAIL,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (CA-03-761-7-SGW)
Submitted: May 31, 2005 Decided: June 20, 2005
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Paul Turner, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Paul Turner appeals the district court’s orders
dismissing without prejudice his 28 U.S.C. § 2254 (2000) petition
and denying his motion for reconsideration. Because Turner could
amend the petition to clearly state (1) the nature of his claims
and (2) whether he is in custody pursuant to the relevant
conviction, the dismissal order is interlocutory and not
appealable. See Domino Sugar Corp. v. Sugar Workers Local Union
392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we deny
a certificate of appealability 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
the court and argument would not aid the decisional process.
Turner’s motion to proceed on appeal in forma pauperis is denied.
DISMISSED
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