Opinion

Billups v. North Carolina Board of Parole Commission

  • 152 F. App'x 272
Court
Court of Appeals for the Fourth Circuit
Filed
Oct 6, 2005
Status
Published
On the bench
Gregory, King, Wilkinson
Cited by
0 cases
Authority
More cited than 10.2%

The opinion

PER CURIAM:

Waymare Billups seeks to appeal the district court’s order construing his 28 U.S.C. § 2254 (2000) petition as a 28 U.S.C. § 2241 (2000) petition. 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 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949). The order Billups seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny a certificate of appealability and Billups’ motion for immediate release 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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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