James Henry Fowler-Bey v. Calvin Johnson, a/k/a C. Johnson

19-6241Court of Appeals for the Fourth CircuitJul 17, 2019

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6241
JAMES HENRY FOWLER-BEY,
Petitioner - Appellant,
v.
CALVIN JOHNSON, a/k/a C. Johnson,
Respondent - Appellee.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Paula Xinis, District Judge. (8:18-cv-01235-PX)
Submitted: June 28, 2019 Decided: July 17, 2019
Before RICHARDSON and RUSHING, Circuit Judges, and SHEDD, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
James Henry Fowler-Bey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James Henry Fowler-Bey seeks to appeal the district court’s order denying several
of his motions and placing his habeas petition in abeyance. 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 Fowler-Bey 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

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