United States v. Mendez

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6072
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RAPHAEL MENDEZ,
Respondent - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:91-HC-350-BR)
Submitted: March 23, 2006 Decided: March 31, 2006
Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raphael Mendez, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant
United States Attorney, Michelle T. Fuseyamore, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Raphael Mendez seeks to appeal a district court order
entered December 21, 2005, denying his motion to expedite his
hearing date and for permission to appear live rather than by video
conferencing. We dismiss the appeal because no final appealable
order has been entered.
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).
Because the order being appealed is neither a final order nor a
certain interlocutory or collateral order, we dismiss the appeal
for lack of jurisdiction. We also deny the motion for general
relief. 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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