Elawyers Elawyers
Washington| Change

Koon v. Rushton, 07-6239 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 07-6239 Visitors: 69
Filed: Jun. 21, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6239 ROBERT HOLLAND KOON, Petitioner - Appellant, versus COLIE RUSHTON, Warden of McCormick Correctional Institution; HENRY DARGAN MCMASTER, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. R. Bryan Harwell, District Judge. (8:05-cv-02523-RBH) Submitted: June 15, 2007 Decided: June 21, 2007 Before WIDENER,
More
                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 07-6239



ROBERT HOLLAND KOON,

                                           Petitioner - Appellant,

          versus


COLIE    RUSHTON,    Warden  of    McCormick
Correctional    Institution; HENRY    DARGAN
MCMASTER, Attorney General of the State of
South Carolina,

                                          Respondents - Appellees.


Appeal from the United States District Court for the District of
South Carolina, at Anderson. R. Bryan Harwell, District Judge.
(8:05-cv-02523-RBH)


Submitted: June 15, 2007                    Decided:   June 21, 2007


Before WIDENER, MICHAEL, and KING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Robert Holland Koon, Appellant Pro Se. Donald John Zelenka, William
Edgar Salter, III, OFFICE OF THE ATTORNEY GENERAL OF SOUTH
CAROLINA, Columbia, South Carolina, for Appellees.


Unpublished opinions are not binding precedent in this circuit.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

          Robert Holland Koon seeks to appeal the district court’s

order denying his motion to stay federal proceedings pending

resolution of his state court proceedings.    The court’s order also

rejected the magistrate judge’s recommendation that Koon’s entire

28 U.S.C. § 2254 (2000) petition be dismissed and recommitted the

matter to the magistrate judge 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
 (1949).   The order Koon seeks to appeal is

neither a final order nor an appealable interlocutory or collateral

order.    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.



                                                             DISMISSED




                               - 2 -

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer