United States v. Stern ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-8017
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PETER KAY STERN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Bryson City. Lacy H. Thornburg,
District Judge. (2:99-cr-00081; 2:06-cv-00028)
Submitted: March 22, 2007 Decided: March 30, 2007
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit.
Dismissed by unpublished per curiam opinion.
Peter Kay Stern, Appellant Pro Se. Amy Elizabeth Ray, OFFICE OF
THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Peter Kay Stern seeks to appeal the district court’s
order denying various motions that he filed along with his pending
28 U.S.C. § 2255 (2000) motion, including motions to disqualify all
of the judges of the Western District of North Carolina and the
U.S. Attorney, a motion for release on bond, a motion for copies of
grand jury transcripts, a motion to produce a witness at a hearing,
and a motion for a gag order. 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 (1949). The order Stern seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we deny Stern’s motion for summary judgment and
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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