United States v. Kjuda Ha

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6671
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KJUDA HA, a/k/a Juda Ha,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, Chief District Judge. (1:18-cr-00107-TDS-1; 1:20-
cv-00469-TDS-JEP)
Submitted: August 24, 2021 Decided: August 27, 2021
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kjuda Ha, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kjuda Ha seeks to appeal the district court’s order adopting the magistrate judge’s
recommendation to grant an extension of time to reply and to deny his motion to strike.
Ha’s 28 U.S.C. § 2255 action remains pending in the district court. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and
collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541, 545-46 (1949). The order Ha 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 this court and argument would
not aid the decisional process.
DISMISSED
2