United States v. Tillery

575 F. App'x 182

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 13, 2014
• Docket: No. 14-6750
• Status: Published

Opinion

PER CURIAM:

Carter Tillery seeks to appeal the district court’s order denying his motion to recuse the district judge in his pending 28 U.S.C. § 2255 (2012) motion proceeding. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Tillery 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 dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.