United States v. Fletcher

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 21, 2003
• Docket: 03-4012
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-4012

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WAYNE ALLEN FLETCHER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CR-02-8)

Submitted: May 7, 2003 Decided: May 21, 2003

Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richard W. Westling, New Orleans, Louisiana; Keith Alan Williams, Greenville, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Christine Witcover Dean, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Wayne Allen Fletcher seeks to appeal the district court’s

orders denying his motion for a continuance and denying the motion

for reconsideration. This court may exercise jurisdiction only over

final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory

and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P.

54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).

The orders Fletcher seeks to appeal are neither final orders nor

appealable interlocutory or collateral orders. See, e.g., Flanagan

v. United States, 465 U.S. 259, 263 (1984); United States v.

MacDonald, 435 U.S. 850, 857-58 n.6 (1978). 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