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Ricky D. NELSON, Plaintiff-Appellant, v. Karen D. BROWN, Chairman of the Parole Board of Virginia DOC; Harold W. Clarke, Director of VDOC, Defendants-Appellees

United States Court of Appeals for the Fourth Circuit2016-02-24No. No. 15-7635
633 F. App'x 163

Authorities cited

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Opinion

majority opinion

Dismissed and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ricky D. Nelson seeks to appeal the district court’s order dismissing his complaint without prejudice to his right to file a petition for a writ of habeas corpus or an amended complaint. This court may exercise jurisdiction only over final orders of the district court, 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Nelson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Goode v. Central Va. Legal Aid, 807 F.3d 619 (4th Cir.2015). Accordingly, we deny Nelson’s motion to appoint counsel, dismiss the appeal for lack of jurisdiction, and remand the case to the district court with instructions to allow Nelson to file an amended complaint or petition. 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 AND REMANDED.