Danny Howdyshell v. Beneficial Indus. Loan Corp., 337 U.S. 541 1949 . The

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6373
DANNY HOWDYSHELL,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-03-22)
Submitted: August 29, 2003 Decided: October 7, 2003
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Danny Howdyshell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Danny Howdyshell seeks to appeal the district court’s order
construing his pleading, styled as a motion under 28 U.S.C. § 2255
(2000), as a petition under 28 U.S.C. § 2241 (2000) and
transferring it to the district in which Howdyshell is confined,
the Eastern District of Virginia. 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 Howdyshell seeks to appeal is
neither a final order nor an appealable interlocutory or collateral
order. See In re Carefirst of Md., Inc., 305 F.3d 253, 262 (4th
Cir. 2002). 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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