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  • Joseph Coppola v. Terry O'Brien, 4th Cir. (2016)

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    1) Joseph Coppola appeals the magistrate judge's order denying his motion for entry of default on his 28 U.S.C. § 2241 habeas corpus petition. 2) The court may only exercise jurisdiction over final orders and certain interlocutory and collateral orders. 3) The order denying Coppola's motion for entry of default is neither a final order nor an appealable interlocutory or collateral order. Therefore, the court dismisses the appeal for lack of jurisdiction.

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    Filed: 2016-06-23 Precedential Status: Non-Precedential Docket: 16-6138

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    1) Joseph Coppola appeals the magistrate judge's order denying his motion for entry of default on his 28 U.S.C. § 2241 habeas corpus petition. 2) The court may only exercise jurisdiction over final orders and certain interlocutory and collateral orders. 3) The order denying Coppola's motion for entry of default is neither a final order nor an appealable interlocutory or collateral order. Therefore, the court dismisses the appeal for lack of jurisdiction.

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    6 views2 pages

    Joseph Coppola v. Terry O'Brien, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    1) Joseph Coppola appeals the magistrate judge's order denying his motion for entry of default on his 28 U.S.C. § 2241 habeas corpus petition. 2) The court may only exercise jurisdiction over final orders and certain interlocutory and collateral orders. 3) The order denying Coppola's motion for entry of default is neither a final order nor an appealable interlocutory or collateral order. Therefore, the court dismisses the appeal for lack of jurisdiction.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-6138

    JOSEPH COPPOLA,
    Petitioner - Appellant,
    v.
    TERRY OBRIEN, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Martinsburg.
    Robert W. Trumble,
    Magistrate Judge. (3:15-cv-00096-GMG-RWT)

    Submitted:

    June 21, 2016

    Decided:

    June 23, 2016

    Before DUNCAN, KEENAN, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Joseph Coppola, Appellant Pro Se.


    Helen Campbell Altmeyer,
    Assistant United States Attorney, Wheeling, West Virginia; Erin K.
    Reisenweber, Assistant United States Attorney, Martinsburg, West
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Joseph Coppola seeks to appeal the magistrate judges order
    denying his motion for entry of default on his 28 U.S.C. 2241
    (2012) petition.

    This court may exercise jurisdiction only over

    final orders, 28 U.S.C. 1291 (2012), and certain interlocutory


    and collateral orders, 28 U.S.C. 1292 (2012); Fed. R. Civ. P.
    54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949).

    The order Coppola seeks to appeal is neither a final

    order

    an

    nor

    appealable

    interlocutory

    or

    collateral

    order.

    Accordingly, we deny leave to proceed in forma pauperis 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 this court and argument would
    not aid the decisional process.

    DISMISSED

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