United States v. Scambos ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-2187
UNITED STATES OF AMERICA,
Petitioner - Appellee,
v.
THOMAS T. SCAMBOS, JR.,
Respondent - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon, District
Judge. (3:07-mc-00011-nkm-bwc)
Submitted: April 17, 2008 Decided: April 21, 2008
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas T. Scambos, Jr., Appellant Pro Se. Robert J. Branman,
Andrea R. Tebbets, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas T. Scambos, Jr., seeks to appeal the district
court’s order amending a previous order, directing that Scambos be
given notice that he had to file written objections to a magistrate
judge’s recommendation, and denying Scambos’ motion to amend a
transcript. 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 Scambos seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
grant the Government’s motion to dismiss the appeal for lack of
jurisdiction and deny the Government’s motion to extend the time to
file an informal response brief as moot. 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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