United States v. Gibson ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7099
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VANCE MARCEL GIBSON, a/k/a Reginald Hilton
Belton,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Winston-Salem. Paul Trevor Sharp,
Magistrate Judge. (CR-93-211, CA-97-503-3)
Submitted: November 18, 1997 Decided: December 29, 1997
Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Vance Marcel Gibson, Appellant Pro Se. Sandra Jane Hairston,
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Unpublished opinions are not binding precedent in this circuit.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 from a magistrate judge's orders dismissing
his 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997) action without
prejudice and denying his motion for an enlargement of time in
which to file a corrected § 2255 motion. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and
certain interlocutory and collateral orders. See 28 U.S.C. § 1292(1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541 (1949). The orders here appealed are neither
final orders nor appealable interlocutory or collateral orders.
Because Appellant could have saved this action by filing the re-
quired number of copies, the dismissal order Appellant seeks to
appeal is not an appealable final order. See Domino Sugar v. Sugar
Workers Local Union 392, 10 F.3d 1064 (4th Cir. 1993).
We therefore 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 material before the court and argument would not aid the deci-
sional process.
DISMISSED
2