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311 F. App'x 675

Howell v. Delaware

U.S. Courts of Appeals

Decided February 23, 2009

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U.S. Courts of Appeals · decided 2009-02-23

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292

Relies on Cohen v. Beneficial Industrial Loan Corp. · Carefirst of Maryland, Inc. v. Carefirst Urgent Care Center, LLC

Decided 2009-02-23

¶1 Dismissed by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

*676 PER CURIAM:

¶3 Burl Anderson Howell seeks to appeal the district court’s order transferring his action to the United States District Court for the District of Delaware for further proceedings. 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 order Howell seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See In re Carefirst of Md., Inc., 305 F.3d 253, 257 (4th Cir.2002). Accordingly, we deny leave to proceed in forma pauperis, deny the motion to consolidate, and 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.

¶4 DISMISSED.

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