United States v. Hall

U.S. Court of Appeals for the Fourth Circuit

United States v. Hall

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6547

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MARC PIERRE HALL,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Robert E. Payne, District Judge, sitting by designation. (CR-95-5, CA-99-61-3)

Submitted: December 16, 1999 Decided: December 27, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Marc Pierre Hall, Appellant Pro Se. Gretchen C. F. Shappert, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Marc Pierre Hall appeals the district court’s order denying

his motion to expedite proceedings on his

28 U.S.C.A. § 2255

(West

Supp. 1999) motion and for appointmnet of counsel. We dismiss the

appeal for lack of jurisdiction because the order is not appeal-

able. This court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

(1994), and certain interlocutory and collateral

orders,

28 U.S.C. § 1292

(1994); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

337 U.S. 541

(1949). The order here

appealed is neither a final order nor an appealable interlocutory

or collateral order.

We deny a certificate of appealability and dismiss the appeal

as interlocutory. 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

Reference

Status
Unpublished