United States v. Hamilton ( 2007 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 07-6752
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    WILLIAM HAMILTON, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.    Sol Blatt, Jr., Senior District
    Judge. (9:00-cr-00263-SB-7; 9:04-cv-01736-SB)
    Submitted:    July 31, 2007                  Decided:   August 20, 2007
    Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    William Hamilton, Jr., Appellant Pro Se. Robert Hayden Bickerton,
    Assistant United States Attorney, Charleston, South Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    William Hamilton, Jr., seeks to appeal a district court
    order disposing of several motions, denying most of his 
    28 U.S.C. § 2255
     (2000) claims and appointing counsel for the limited purpose
    of preparing for a hearing on the issue of whether trial counsel
    was ineffective for failing to inform Hamilton of a plea agreement.
    Thus, the case remains open in the district court.   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
    , 545-47 (1949).   The order Hamilton seeks
    to appeal is neither a final order nor an appealable interlocutory
    or collateral order.   Accordingly, we deny leave to proceed in
    forma pauperis and dismiss the appeal for lack of jurisdiction. We
    also deny Hamilton’s motions to overrule the district court’s
    decision and to appoint counsel.   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 -
    

Document Info

Docket Number: 07-6752

Judges: Michael, Gregory, Shedd

Filed Date: 8/20/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024