United States v. Tyler ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7581
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PATRICK VINCENT TYLER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:07-cr-00473-REP-1; 3:09-cv-00309-REP)
Submitted: November 19, 2009 Decided: December 29, 2009
Before MICHAEL, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Patrick Vincent Tyler, Appellant Pro Se. Sara Elizabeth Chase,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Patrick Vincent Tyler seeks to appeal the magistrate
judge’s order granting the Appellee’s motion for an extension of
time in which to file a response to Tyler’s 28 U.S.C.A. § 2255(West Supp. 2009) motion, and denying Tyler’s petition for
judgment. This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541(1949). The order Tyler 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 the
court and argument would not aid the decisional process.
DISMISSED
2