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John Kalu v. United States, 17-7472 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 17-7472 Visitors: 35
Filed: Jan. 23, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7472 JOHN OSCAR KALU, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, Senior District Judge. (1:17-cv-00130-IMK-MJA) Submitted: January 18, 2018 Decided: January 23, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opin
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 17-7472


JOHN OSCAR KALU,

                    Petitioner - Appellant,

             v.

UNITED STATES OF AMERICA,

                    Respondent - Appellee.



Appeal from the United States District Court for the Northern District of West Virginia,
at Clarksburg. Irene M. Keeley, Senior District Judge. (1:17-cv-00130-IMK-MJA)


Submitted: January 18, 2018                                       Decided: January 23, 2018


Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges.


Dismissed by unpublished per curiam opinion.


John Oscar Kalu, Appellant Pro Se. William Joseph Powell, United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       John Oscar Kalu seeks to appeal the district court’s order transferring his case to

the United States District Court for the Southern District of Florida. 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
, 545-46 (1949). The order Kalu seeks to

appeal is neither a final order nor an appealable interlocutory or collateral order. See

Ellicott Mach. Corp. v. Modern Welding Co., 
502 F.2d 178
, 180 (4th Cir. 1974).

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




                                            2

Source:  CourtListener

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