Waymare Billups v. Beneficial Indus. Loan Corp., 337 U.S. 541 1949 . The

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6651
WAYMARE BILLUPS,
Petitioner - Appellant,
versus
NORTH CAROLINA BOARD OF PAROLE COMMISSION,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
District Judge. (CA-04-941-5)
Submitted: September 29, 2005 Decided: October 6, 2005
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Waymare Billups, Appellant Pro Se. Clarence Joe DelForge, III,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Waymare Billups seeks to appeal the district court’s
order construing his 28 U.S.C. § 2254 (2000) petition as a 28
U.S.C. § 2241 (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 order Billups seeks to appeal is
neither a final order nor an appealable interlocutory or collateral
order. Accordingly, we deny a certificate of appealability and
Billups’ motion for immediate release 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

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