Anthony Jo-Allen McCoy v. Unknown

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6686
ANTHONY JO-ALLEN MCCOY,
Plaintiff - Appellant,
v.
UNKNOWN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:11-cv-00274-JRS)
Submitted: September 29, 2011 Decided: October 5, 2011
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Jo-Allen McCoy, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Anthony Jo-Allen McCoy seeks to appeal from the
magistrate judge’s order construing his 28 U.S.C. § 2254 (2006)
petition as a 42 U.S.C. § 1983 (2006) complaint and directing
him to amend his complaint and either pay the filing fee or
submit an application for leave to proceed in forma pauperis.
This court may exercise jurisdiction only over final orders, 28
U.S.C. § 1291 (2006), and certain interlocutory and collateral
orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order McCoy 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 the court and
argument would not aid the decisional process.
DISMISSED

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