W. Scott Davis v. Warden Katina Heckard

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7103
W. SCOTT DAVIS,
Petitioner - Appellant,
v.
WARDEN KATINA HECKARD,
Respondent - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Beckley. Frank W. Volk, District Judge. (5:22-cv-00254)
Submitted: March 12, 2024 Decided: March 15, 2024
Before GREGORY, RICHARDSON, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Scott Davis, II, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
William Scott Davis, II, seeks to appeal the magistrate judge’s report recommending
that the district court dismiss Davis’ 28 U.S.C. § 2241 petition. 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 Davis 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 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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