United States v. Clark

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 6, 2002
• Docket: 01-6354
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-6354

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BRYAN EUGENE CLARK,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (CR-96-10-V, CA-98-60-5-2-V)

Submitted: January 31, 2002 Decided: February 6, 2002

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bryan Eugene Clark, Appellant Pro Se. C. Nicks Williams, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Bryan Eugene Clark appeals the district court’s order denying

his motion to amend his 28 U.S.C.A. § 2255 (West Supp. 2001)

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. § 1291 (1994), and certain interlocutory and collateral

orders, 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 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