United States v. Lyons

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 2, 2008
• Docket: 08-7600
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7600

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CASUAL BIANCA LYONS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:08-cv-00068-BO; 5:03-cr-00312-BO-1)

Submitted: November 20, 2008 Decided: December 2, 2008

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Casual Bianca Lyons, Appellant Pro Se, Anne Margaret Hayes, Assistant U.S. Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Casual Bianca Lyons seeks to appeal the district

court’s order dismissing several claims raised in her motion

filed pursuant to 28 U.S.C. § 2255 (2000). 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 order Lyons 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 also deny Lyons’ motions

for preparation of a transcript at government expense and to

seal all filings in this appeal. 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