United States v. Byrd

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7610
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LEWIS MOSES BYRD,
Defendant – Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen,
Senior District Judge. (3:03-cr-00067-GCM-DCK-1; 3:08-cv-00257-
GCM)
Submitted: February 28, 2011 Decided: March 10, 2011
Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lewis Moses Byrd, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lewis Moses Byrd seeks to appeal the district court’s
order granting the Government’s motion to file its response to
his 28 U.S.C.A. § 2255 (West Supp. 2010) motion out of time and
denying Byrd’s motion to amend his § 2255 motion. This court
may exercise jurisdiction only over final orders, 28 U.S.C.
§ 1291 (2006), and certain interlocutory and collateral orders,
28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order Byrd 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 the court and
argument would not aid the decisional process.
DISMISSED
2