United States v. Walker

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 22, 2006
• Docket: 05-7796
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7796

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

IVEY WALKER,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Lacy H. Thornburg, District Judge. (CR-97-22; CA-02-66-3)

Submitted: February 16, 2006 Decided: February 22, 2006

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ivey Walker, Appellant Pro Se. Brian Lee Whisler, Assistant United States Attorney, Richmond, Virginia; Gretchen C.F. Shappert, United States Attorney, David Alan Brown, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Ivey Walker seeks to appeal the district court’s order

dismissing two of the claims raised in his 28 U.S.C. § 2255 (2000)

motion and ordering the Government to respond to his remaining

claims. 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 Walker seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Accordingly, we

dismiss the appeal for lack of jurisdiction. Given this

disposition, we deny his pending motion for 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

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