David Meyers v. TODD E. ISHEE, NCDPS Prisons Director

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6462
DAVID MEYERS,
Petitioner - Appellant,
v.
TODD E. ISHEE, NCDPS Prisons Director; DENISE JACKSON; PRESCOTT
WILLIAMS; ERICA A. HOOKS, NCDPS Secretary; ROY COOPER, NC-Governor;
TIMOTHY MOOSE, NCDPS Deputy Secretary; BRANDESHAWN HARRIS, NCDPS
Prisons Assistant Director,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Elizabeth W. Hanes, Magistrate Judge. (3:22-cv-00138-MHL-EWH)
Submitted: December 15, 2022 Decided: January 5, 2023
Before WILKINSON, DIAZ, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Meyers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David Meyers seeks to appeal the magistrate judge’s memorandum order
conditionally filing Meyers’ 28 U.S.C. § 2254 petition, denying without prejudice his
motion to transfer, and directing him to resubmit the § 2254 petition using the standardized
form. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and
certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Meyers
seeks to appeal is neither a final order nor an appealable interlocutory or collateral order.
Accordingly, we dismiss the appeal for lack of jurisdiction. We also deny the motion to
consolidate. 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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