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16-6653•Jason Scott v. Warden J. T. Shartle, named as FCC Warden
16-6653Court of Appeals for the Fourth CircuitAug 23, 2016
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6653
JASON SCOTT,
Petitioner - Appellant,
v.
WARDEN J. T. SHARTLE, named as FCC Warden; SUSAN G.
MCCLINTOCK, named as USP Warden, Tucson, AZ; ATTORNEY
GENERAL OF THE STATE OF MARYLAND,
Respondents-Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Theodore D. Chuang, District Judge.
(8:16-cv-00364-TDC)
Submitted: August 18, 2016 Decided: August 23, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jason T. Scott, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jason Scott seeks to appeal the district court’s order
denying several preliminary motions and setting the schedule for
submissions in Scott’s 28 U.S.C. § 2254 (2012) petition. This
court may exercise jurisdiction only over final orders, 28
U.S.C. § 1291 (2012), and certain interlocutory and collateral
orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order Scott seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
deny leave to proceed in forma pauperis; deny Scott’s motion for
injunctive relief pending appeal and his petition for a writ of
mandamus or, alternatively, for default judgment; 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 this court and argument would
not aid the decisional process.
DISMISSED
* Scott asserts in his petition for a writ of mandamus that
the district court has unduly delayed ruling on his § 2254
petition. Our review of the present record reveals no such
delay.
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