U.S. Court of Appeals for the Fourth Circuit, 1995

United States v. Nathaniel Craig Thompson

United States v. Nathaniel Craig Thompson
U.S. Court of Appeals for the Fourth Circuit · Decided September 19, 1995
66 F.3d 317; 1995 U.S. App. LEXIS 33620; 1995 WL 552011 (Federal Reporter, Third Series)

United States v. Nathaniel Craig Thompson

Opinion

66 F.3d 317

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff--Appellee,
v.
Nathaniel Craig THOMPSON, Defendant--Appellant.

No. 95-6972.

United States Court of Appeals, Fourth Circuit.

Submitted: Aug. 24, 1995.
Decided: Sept. 19, 1995.

Nathaniel Craig Thompson, appellant pro se. Harry Thomas Church, Assistant United States Attorney, Charlotte, NC, for appellee.

Before WIDENER, HALL, and WILLIAMS, Circuit Judges.

PER CURIAM:

1

Appellant appeals the district court's denial of a discovery motion in his 28 U.S.C. Sec. 2255 (1988) action. 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. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

2

We dismiss the appeal as interlocutory. We deny Appellant's motion for appointment of counsel and 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.

3

DISMISSED.

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