United States v. Melvin

46 F. App'x 173

Opinion

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, 69 S.Ct. 1221, 93 L.Ed. 1528 (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.