[Download] "Stalvey v. United States" by Fourth Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Stalvey v. United States
- Author : Fourth Circuit U.S. Court Of Appeals
- Release Date : January 04, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
George Ronald Stalvey, a federal inmate, appeals from the district courts order construing his petition filed pursuant to 28 U.S.C.A. § 2241 (West Supp. 1999) as a motion under 28 U.S.C.A. § 2255 (West Supp. 1999) and transferring his case to the Western District of North Carolina. Stalvey also appeals from the courts order denying his motion for bond pending review of his petition and the courts subsequent order rescinding the order denying bond for lack of jurisdiction due to the transfer. We dismiss the appeal for lack of jurisdiction because the orders are not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders. See 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); see also Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The transfer of a post-conviction petition to another district court is not a final order, nor is it appealable as a collateral order. See Middlebrooks v. Smith, 735 F.2d 431 (11th Cir. 1984). The district courts order denying bond is not a final order because it was rescinded, and the rescission order is not appealable because it does not direct entry of a final judgment as to any substantive claim under Rule 54(b). Accordingly, we dismiss the appeal as interlocutory. 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.