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Kelvin Allen McNEIL, Petitioner-Appellant, v. Keith WHITENER, Respondent-Appellee, and State of North Carolina, Respondent

United States Court of Appeals for the Fourth Circuit2012-09-06No. No. 12-6609
477 F. App'x 30

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Opinion

majority opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kelvin Allen McNeil seeks to appeal from his pending 28 U.S.C. § 2254 (2006) petition. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); 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). Neither a final order nor an ap-pealable interlocutory or collateral order has been entered in McNeil’s case. Accordingly, we 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.

To the extent McNeil seeks to appeal his North Carolina state court conviction to this court, we lack jurisdiction to review state court orders. See District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).