Public-domain · open source
OpenJurist

289 F. App'x 606

Vines v. Watson

U.S. Courts of Appeals

Decided August 26, 2008

This page is marked noindex.

U.S. Courts of Appeals · decided 2008-08-26

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Cohen v. Beneficial Industrial Loan Corp. · Domino Sugar Corporation v. Sugar Workers Local Union of United Food and Commercial Workers International Union

Dismissed by unpublished PER CURIAM opinion · Decided 2008-08-26

PER CURIAM:

¶1 Andre Raymond Vines seeks to appeal the district court’s dismissal without prejudice of his 28 U.S.C. § 2254 (2000) petition. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The district court’s *607 order indicated that the habeas petition was dismissed without prejudice due to Vines’ failure to show cause why his claims were not procedurally defaulted or time-barred. See Fed.R.Civ.P. 41(b). This order is neither a final order nor an appeal-able interlocutory or collateral order, as Vines can cure the relevant defect by filing an amended petition addressing these matters. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993). 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.

¶2 DISMISSED.

/289/fappx/606 · .json · Public domain