Tisdale v. State of SC ( 2006 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-6922
    ANTONIO D. TISDALE,
    Petitioner - Appellant,
    versus
    STATE OF SOUTH CAROLINA; HENRY MCMASTER,
    Attorney General for South Carolina,
    Respondents - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Florence.    Patrick Michael Duffy, District
    Judge. (4:04-cv-01319-PMD)
    Submitted: September 28, 2006              Decided: October 10, 2006
    Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Antonio D. Tisdale, Appellant Pro Se. Donald John Zelenka, Derrick
    K. McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA,
    Columbia, South Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Antonio D. Tisdale seeks to appeal the district court’s
    order accepting the magistrate judge’s recommendation to grant
    Defendants summary judgment as to five of Tisdale’s seven grounds
    for habeas relief under 
    28 U.S.C. § 2254
     (2000) and deny Defendants
    summary judgment on the remaining two grounds with leave to refile.
    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 order
    Tisdale seeks to appeal is neither a final order nor an appealable
    interlocutory   or   collateral   order.   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.
    DISMISSED
    - 2 -
    

Document Info

Docket Number: 06-6922

Filed Date: 10/10/2006

Precedential Status: Non-Precedential

Modified Date: 10/30/2014