United States v. Byrd

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7610

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

LEWIS MOSES BYRD,

Defendant – Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:03-cr-00067-GCM-DCK-1; 3:08-cv-00257- GCM)

Submitted: February 28, 2011 Decided: March 10, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lewis Moses Byrd, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Lewis Moses Byrd seeks to appeal the district court’s

order granting the Government’s motion to file its response to

his 28 U.S.C.A. § 2255 (West Supp. 2010) motion out of time and

denying Byrd’s motion to amend his § 2255 motion. This court

may exercise jurisdiction only over final orders, 28 U.S.C.

§ 1291 (2006), and certain interlocutory and collateral orders,

28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The

order Byrd 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