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    Sugg v. McCabe, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony Eugene Sugg. The court dismissed the appeal for lack of jurisdiction because the district court's order directing the clerk to continue case management of Sugg's habeas petition was not a final appealable order, but rather an interlocutory order. As such, the court did not have jurisdiction to hear the appeal. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials.

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    Sugg v. McCabe, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony Eugene Sugg. The court dismissed the appeal for lack of jurisdiction because the district court's order directing the clerk to continue case management of Sugg's habeas petition was not a final appealable order, but rather an interlocutory order. As such, the court did not have jurisdiction to hear the appeal. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials.

    Original Description:

    Filed: 2004-07-28 Precedential Status: Non-Precedential Docket: 03-7822

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony Eugene Sugg. The court dismissed the appeal for lack of jurisdiction because the district court's order directing the clerk to continue case management of Sugg's habeas petition was not a final appealable order, but rather an interlocutory order. As such, the court did not have jurisdiction to hear the appeal. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials.

    Copyright:

    Public Domain
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    2 views2 pages

    Sugg v. McCabe, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony Eugene Sugg. The court dismissed the appeal for lack of jurisdiction because the district court's order directing the clerk to continue case management of Sugg's habeas petition was not a final appealable order, but rather an interlocutory order. As such, the court did not have jurisdiction to hear the appeal. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7822

    ANTHONY EUGENE SUGG,


    Petitioner - Appellant,
    versus
    SHERWOOD R. MCCABE,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Malcolm J. Howard,
    District Judge. (CA-03-661-5-H)

    Submitted:

    July 19, 2004

    Decided:

    July 28, 2004

    Before KING, GREGORY, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Anthony Eugene Sugg, Appellant Pro Se. Clarence Joe DelForge, III,
    NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Anthony Eugene Sugg appeals the district courts order
    directing the clerk to continue case management regarding Suggs 28
    U.S.C. 2254 (2000) petition.

    We dismiss the appeal for lack of

    jurisdiction because the district courts order is not appealable.


    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).
    courts

    order

    is

    neither

    final

    interlocutory or collateral order.


    appeal as interlocutory.

    order

    nor

    The district
    an

    appealable

    Accordingly, we dismiss the

    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

    - 2 -

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