Robert Roberts v. Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6999
ROBERT ROBERTS,
Petitioner - Appellant,
v.
WARDEN,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District
Judge. (8:12-cv-01418-AW)
Submitted: September 27, 2012 Decided: October 2, 2012
Before MOTZ, DAVIS, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Roberts, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Roberts seeks to appeal the district court’s
order construing his filing as a 28 U.S.C. § 2254 (2006)
petition and dismissing it, without prejudice, because the
issues raised therein are adequately presented in Roberts’
original § 2254 petition, which is currently pending in the
district court. 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 Roberts seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we deny leave to proceed in forma pauperis 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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