United States v. McDonald

U.S. Court of Appeals for the Fourth Circuit
United States v. McDonald, 25 F. App'x 205 (4th Cir. 2002)

United States v. McDonald

Opinion

PER CURIAM.

Raymond H. McDonald appeals the district court’s order granting summary judgment in part to the Government on his motion filed pursuant to 28 U.S.C.A. § 2255 (West Supp. 2001). 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 interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed.R.CivJP. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We therefore deny a certifícate 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Raymond H. McDONALD, Defendant-Appellant
Status
Unpublished