United States v. Melvin

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7061

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SAMUEL ANTWAN MELVIN,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief District Judge. (CR-99-157, CA-00-1133-1)

Submitted: September 5, 2002 Decided: September 17, 2002

Before MOTZ, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Samuel Antwan Melvin, Appellant Pro Se. Sandra Jane Hairston, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Samuel Antwan Melvin appeals the district court’s order

dismissing some claims in his 28 U.S.C. § 2255 motion but

permitting one claim of ineffective assistance of counsel to

proceed. 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 as to all of

Melvin’s claims.

We dismiss the appeal as interlocutory, and deny a certificate

of appealability. 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