Michael S. Gorbey v. HAROLD W. CLARKE, Director, Virginia Department of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6973
MICHAEL S. GORBEY,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director, Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:12-cv-00667-RAJ-TEM)
Submitted: September 26, 2013 Decided: September 30, 2013
Before SHEDD, DUNCAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael S. Gorbey, Appellant Pro Se. Rosemary Virginia Bourne,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Michael S. Gorbey seeks to appeal the district court’s
denial of his appeal from the magistrate judge’s order
substituting the proper party as Respondent to his 28 U.S.C.
§ 2254 (2006) petition and directing him to remedy filing
deficiencies. 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 Gorbey 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

-- 2 of 2 --