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Chester White v. Ronald J. Angelone, Director of The Virginia Department of Corrections, 108 F.3d 1375, 4th Cir. (1997)

The appellant appealed a magistrate judge's recommendation to dismiss his habeas corpus petition. The appeals court found that it did not have jurisdiction over the appeal because the order being appealed was not a final judgment, but rather an interlocutory order. Additionally, while the district court had issued a final order, the appellant did not appeal that order. Therefore, the appeals court denied a certificate of appealability and dismissed the appeal.

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12 views2 pages

Chester White v. Ronald J. Angelone, Director of The Virginia Department of Corrections, 108 F.3d 1375, 4th Cir. (1997)

The appellant appealed a magistrate judge's recommendation to dismiss his habeas corpus petition. The appeals court found that it did not have jurisdiction over the appeal because the order being appealed was not a final judgment, but rather an interlocutory order. Additionally, while the district court had issued a final order, the appellant did not appeal that order. Therefore, the appeals court denied a certificate of appealability and dismissed the appeal.

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108 F.

3d 1375

NOTICE: Fourth Circuit Local Rule 36(c) states that citation


of unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Chester WHITE, Petitioner--Appellant,
v.
Ronald J. ANGELONE, Director of the Virginia Department of
Corrections, Respondent--Appellee.
No. 96-7812.

United States Court of Appeals, Fourth Circuit.


Submitted March 13, 1997.
March 20, 1997.

Chester White, Appellant Pro Se.


Robert H. Anderson, III, OFFICE OF THE ATTORNEY GENERAL OF
VIRGINIA, Richmond, Virginia, for Appellee.
Before HALL, ERVIN, and WILKINS, Circuit Judges.
PER CURIAM:

Appellant appeals the magistrate judge's report recommending dismissal of his


petition filed under 28 U.S.C.A. 2254 (1994), amended by Antiterrorism and
Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214. We
dismiss the appeal for lack of jurisdiction because the order is not appealable.
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); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541
(1949). The order here appealed is neither a final order nor an appealable
interlocutory or collateral order. Although the district court has entered a final
order, Appellant did not note an appeal of the final order, nor did he challenge
the final order in his informal brief filed in this court.*

We deny a certificate of appealability and 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.

DISMISSED.

Even if his original notice of appeal conferred jurisdiction on this court,


Appellant waived review by failing to file specific objections to the magistrate
judge's report in the district court. See Orpiano v. Johnson, 687 F.2d 44, 47 (4th
Cir.1982)

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