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    Anthony McCoy v. Unknown, 4th Cir. (2011)

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    This document is a 3-sentence unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony Jo-Allen McCoy. The court lacked jurisdiction to hear the appeal because the order McCoy sought to appeal—which construed his habeas petition as a civil rights complaint and directed him to amend it—was neither a final order nor an appealable interlocutory order. Accordingly, the court dismissed the appeal for lack of jurisdiction without oral argument.

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    Anthony McCoy v. Unknown, 4th Cir. (2011)

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    This document is a 3-sentence unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony Jo-Allen McCoy. The court lacked jurisdiction to hear the appeal because the order McCoy sought to appeal—which construed his habeas petition as a civil rights complaint and directed him to amend it—was neither a final order nor an appealable interlocutory order. Accordingly, the court dismissed the appeal for lack of jurisdiction without oral argument.

    Original Description:

    Filed: 2011-10-05 Precedential Status: Non-Precedential Docket: 11-6686

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    This document is a 3-sentence unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony Jo-Allen McCoy. The court lacked jurisdiction to hear the appeal because the order McCoy sought to appeal—which construed his habeas petition as a civil rights complaint and directed him to amend it—was neither a final order nor an appealable interlocutory order. Accordingly, the court dismissed the appeal for lack of jurisdiction without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    4 views2 pages

    Anthony McCoy v. Unknown, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document is a 3-sentence unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony Jo-Allen McCoy. The court lacked jurisdiction to hear the appeal because the order McCoy sought to appeal—which construed his habeas petition as a civil rights complaint and directed him to amend it—was neither a final order nor an appealable interlocutory order. Accordingly, the court dismissed the appeal for lack of jurisdiction without oral argument.

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    of 2

    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.

    PER CURIAM:
    Anthony

    Jo-Allen

    McCoy

    seeks

    to

    appeal

    from

    the

    magistrate judges 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.
    dismiss the appeal for lack of jurisdiction.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    Accordingly, we
    We dispense with
    contentions
    the

    court

    are
    and

    argument would not aid the decisional process.

    DISMISSED

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