# David Brown v. Harold Clarke

> Court of Appeals for the Fourth Circuit · January 2, 2015

URL: https://www.frixlaw.com/law-library/cases/2766207

## Case

- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** January 2, 2015
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7169

DAVID A. BROWN,

Petitioner – Appellant,

v.

HAROLD W. CLARKE, Director of the Virginia Department of
Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:14-cv-00224-JLK-RSB)

Submitted: December 16, 2014 Decided: January 2, 2015

Before WILKINSON, GREGORY, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David A. Brown, Appellant Pro Se. Matthew P. Dullaghan, Senior
Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

David A. Brown seeks to appeal the district court’s

order denying his motion for production of documents in his

pending action under 28 U.S.C. § 2254 (2012). 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 Brown

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 this court and argument would not aid the decisional

process.

DISMISSED

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2766207. Public record. Not legal advice.