United States v. Carr

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7624

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAMES E. CARR, a/k/a Jimbo,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CR-93-66, CA-97-916-2)

Submitted: February 11, 1999 Decided: February 24, 1999

Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James E. Carr, Appellant Pro Se. Carol M. Marx, Special Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

James E. Carr appeals a district court’s order dismissing one

his claims under 28 U.S.C.A. § 2255 (West Supp. 1998) but ordering

a hearing with regard to a second claim. We dismiss the appeal for

lack of jurisdiction because the order is not appealable. This

court may exercise jurisdiction only over final orders, see 28

U.S.C. § 1291 (1994), and certain interlocutory and collateral

orders, see 28 U.S.C. § 1292 (1994); 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 inter-

locutory or collateral order.

We deny a certificate of appealability and dismiss the appeal

as interlocutory. We also deny Carr’s motion for copies of tran-

scripts, lab reports, and other items. 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