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Humbert CARRERAS, Petitioner-Appellant, and Jose Enrique Chaluisan-Pagan; Rafael J. Dominguez; Candelario Quintana-Martinez; Jose Alberto Acevedo-Guzman, Petitioners, v. FEDERAL BUREAU OF PRISONS; John Doe, John/Jane Doe, Warden of Each Federal Prison Facility, Respondents-Appellees

United States Court of Appeals for the Fourth Circuit2001-03-08No. No. 00-6389
5 F. App'x 247

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Opinion

majority opinion

PER CURIAM.

Humbert Carreras appeals the district court’s order construing a 28 U.S.C. § 2241 (1994) petition filed by Carreras and four other petitioners as a joint 28 U.S.C.A. § 2255 (West Supp.2000) motion and transferring the petition to the United States District Court for the District of Puerto Rico.

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders. 28 U.S.C. § 1292 (1994); Fed.R.Civ.P. 54(b); see also Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (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. Middlebrooks v. Smith, 735 F.2d 431 (11th Cir.1984).

Accordingly, we dismiss the appeal as interlocutory. Further, only Carreras signed the notice of appeal, so he is the only Appellant. Covington v. Allsbrook, 636 F.2d 63, 64 (4th Cir.1980). 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.