United States v. Pendergrass

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6193

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GALEN CHRISTOPHER PENDERGRASS,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR- 01-147-CCB; CA-04-3697-CCB)

Submitted: April 28, 2005 Decided: May 6, 2005

Before WILLIAMS, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Galen Christopher Pendergrass, Appellant Pro Se. Jacabed Rodriguez-Coss, Assistant United States Attorney, Baltimore, Maryland; Sandra Wilkinson, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Galen Christopher Pendergrass seeks to appeal the

district court’s order dismissing one claim and directing him to

respond regarding the timeliness of the remaining claims in his 28

U.S.C. § 2255 (2000) motion. 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 Pendergrass seeks to appeal is neither a

final order nor an appealable interlocutory or collateral order.

Accordingly, we deny a certificate of appealability and 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

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