United States v. Wayne Jenkins

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 22, 2023
• Docket: 22-7124
• Status: Unpublished

Opinion

USCA4 Appeal: 22-7124 Doc: 13 Filed: 02/22/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-7124

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WAYNE EARL JENKINS,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Senior District Judge. (1:17-cr-00106-CCB-4)

Submitted: February 16, 2023 Decided: February 22, 2023

Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Wayne Earl Jenkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7124 Doc: 13 Filed: 02/22/2023 Pg: 2 of 2

PER CURIAM:

Wayne Earl Jenkins seeks to appeal the district court’s order denying his “Motion

to Reopen and for Reconsideration of Restitution.” But no such order exists because the

district court has yet to resolve Jenkins’ motion. The last action that the district court took

on the motion was ordering a Government response. To the extent that Jenkins might seek

to appeal that order, it is not appealable. See United States v. Doe, 962 F.3d 139, 143 (4th

Cir. 2020) (“[W]e have jurisdiction only over final orders and certain interlocutory and

collateral orders”). Accordingly, we dismiss this appeal. 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