United States v. Milton

U.S. Court of Appeals for the Fourth Circuit

United States v. Milton

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6858

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GREGORY ALLEN MILTON,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CR-95-70074, CA-00-31-7)

Submitted: October 10, 2000 Decided: October 19, 2000

Before LUTTIG, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gregory Allen Milton, Appellant Pro Se. Thomas Jack Bondurant, Jr., Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Gregory Allen Milton appeals the district court’s order deny-

ing his motion to reconsider its earlier denial of his motion to

amend his motion filed under

28 U.S.C.A. § 2255

(West 1994 & Supp.

2000). 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. § 1291

(1994), and certain interlocu-

tory 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Unpublished