United States v. Moultry ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6540
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
REAON O’NEIL MOULTRY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CR-93-28-MU, CA-97-556)
Submitted: June 17, 1999 Decided: June 23, 1999
Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Reaon O’Neil Moultry, Appellant Pro Se. Robert Jack Higdon, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Reaon O’Neil Moultry appeals the district court’s order deny-
ing his motion to amend his 28 U.S.C.A. § 2255 (West Supp. 1999)
motion. We dismiss the appeal for lack of jurisdiction because the
order is not appealable. This court may exercise jurisdiction only
over final orders, 28 U.S.C. § 1291 (1994), and certain interlocu-
tory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ.
P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541(1949). The order here appealed is neither a final order nor an
appealable interlocutory or collateral order.
We deny a certificate of appealability and 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
2