United States v. Moore

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6234

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WALTER EUGENE MOORE,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Russell A. Eliason, Magis- trate Judge. (CR-89-218-G, CA-96-369-2)

Submitted: October 23, 1997 Decided: November 14, 1997

Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Walter Eugene Moore, Appellant Pro Se. Benjamin H. White, Jr., 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Unpublished opinions are not binding precedent in this circuit.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:

Appellant appeals the magistrate judge's supplemental recom-

mendation, recommending denial of Appellant's motion filed under 28

U.S.C. § 2255 (1994) (current version at 28 U.S.C.A. § 2255 (West

1994 & Supp. 1997)). We dismiss the appeal for lack of jurisdiction

because the order is not appealable. This court may exercise juris- diction only over final orders, 28 U.S.C. § 1291 (1994), and cer-

tain 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.

We dismiss the appeal as interlocutory. 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