United States v. Duane Berry

Opinion

USCA4 Appeal: 23-6205 Doc: 11 Filed: 04/25/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6205

UNITED STATES OF AMERICA,

Petitioner - Appellee,

v.

DUANE LETROY BERRY,

Respondent - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Brian Scott Meyers, Magistrate Judge. (5:20-hc-02085-M)

Submitted: April 20, 2023 Decided: April 25, 2023

Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Duane Letroy Berry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6205 Doc: 11 Filed: 04/25/2023 Pg: 2 of 2

PER CURIAM:

Duane Letroy Berry seeks to appeal the magistrate judge’s scheduling order issued

in his pending civil commitment proceeding. This court may exercise jurisdiction only

over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders,

28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.

541, 545-47 (1949). The order Berry 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 deny Berry’s motions for stay pending appeal, to vacate the district

court’s order, and to vacate the 18 U.S.C. § 4246(a) certificate order and dispense with oral

argument because the facts and legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional process.

DISMISSED