Vines v. Watson , 289 F. App'x 606 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6517
ANDRE RAYMOND VINES,
Petitioner - Appellant,
v.
BRYAN WATSON, Warden, Wallens Ridge State Prison,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:07-cv-01274-CMH-TRJ)
Submitted: August 21, 2008 Decided: August 26, 2008
Before WILLIAMS, Chief Judge, and KING and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Andre Raymond Vines, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Andre Raymond Vines seeks to appeal the district court’s
dismissal without prejudice of his 28 U.S.C. § 2254 (2000)
petition. This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The
district court’s order indicated that the habeas petition was
dismissed without prejudice due to Vines’ failure to show cause why
his claims were not procedurally defaulted or time-barred. See
Fed. R. Civ. P. 41(b). This order is neither a final order nor an
appealable interlocutory or collateral order, as Vines can cure the
relevant defect by filing an amended petition addressing these
matters. See Domino Sugar Corp. v. Sugar Workers Local Union 392,
10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we 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.
DISMISSED
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