United States v. Fletcher ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7680
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES EDWARD FLETCHER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:05-cr-00062-F; 5:06-cv-367-F)
Submitted: January 25, 2007 Decided: January 31, 2007
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Edward Fletcher, Appellant Pro Se. Steve R. Matheny, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Edward Fletcher appeals the district court's order
dismissing three of four claims contained in his motion filed
pursuant to 28 U.S.C. § 2255 (2000). We dismiss the appeal for
lack of jurisdiction because the order is not appealable. This
court may exercise jurisdiction only over final orders, see 28
U.S.C. § 1291 (2000), and certain interlocutory and collateral
orders, see 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen
v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order from which Fletcher appeals is neither a final order nor an
appealable interlocutory or collateral order. We therefore dismiss
the appeal as interlocutory. 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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