United States v. Albert Charles Burgess, Jr.

37 F.3d 1496, 1994 U.S. App. LEXIS 34918, 1994 WL 558322

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 13, 1994
• Docket: 94-6762
• Status: Published

Opinion

37 F.3d 1496
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

UNITED STATES of America, Plaintiff Appellee,
v.
Albert Charles BURGESS, Jr., Defendant Appellant.

No. 94-6762.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 25, 1994.
Decided Oct. 13, 1994.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CR-92-217)

Albert Charles Burgess, Jr., appellant pro se.

Eric William Ruschky, Asst. U.S. Atty., Columbia, SC, for appellee.

Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM:

Appellant appeals from the district court's order denying his motion for the district judge to recuse himself and have a different judge rule on a Fed.R.Crim.P. 35 motion. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may exercise jurisdiction only over final orders, 28 U.S.C. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We dismiss the appeal as interlocutory. 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.