United States v. David Hicks ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7086
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID A. HICKS,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver,
Jr., District Judge. (2:05-cr-00040-1)
Submitted: December 15, 2011 Decided: December 20, 2011
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David A. Hicks, Appellant Pro Se. Gary L. Call, Steven Loew,
Assistant United States Attorneys, Betty Adkins Pullin, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David A. Hicks seeks to appeal the district court’s
order affirming the magistrate judge’s orders denying Hicks’
motion seeking discovery from the Government and his motion to
submit photographs. 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, 545-46 (1949). The order Hicks 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
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