United States v. Fabian

414 F. App'x 559

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jackie and Alan Fabian seek to appeal the district court’s order granting the Government’s emergency motion, clarifying that the final order of forfeiture did not extinguish the lien on a parcel of real property, and noting that contingent relief may be appropriate depending on the outcome of the collateral litigation. 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., 387 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order the Fabians seek to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny the Fabians’ motion for appointment of counsel and 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.