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301 F. App'x 275

Bonner v. Rivera

U.S. Courts of Appeals

Decided November 26, 2008

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U.S. Courts of Appeals · decided 2008-11-26

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Cohen v. Beneficial Industrial Loan Corp.

Dismissed by unpublished PER CURIAM opinion · Decided 2008-11-26

PER CURIAM:

¶1 William Bonner, a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and remanding his request for relief on his 28 U.S.C. § 2241 (2000) petition to the United States Bureau of Prisons. 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). Following the district court’s order, Bonner filed a motion pursuant to Fed.R.Civ.P. 60(b)(3), in which he asserted that, upon remand, the Bureau of Prisons had erroneously rejected his renewed application for nunc pro tunc designation. However, the district court has yet to issue a final order in regard to this renewed claim. Accordingly, because a final order has not been entered, 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.

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