UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7024

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JOHNNY THOMAS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (CR-94-75; CA-04-331-5-F)

Submitted: January 28, 2005 Decided: February 9, 2005

Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Johnny Thomas, Appellant Pro Se. Harold Franklin Askins, Assistant Attorney General, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Johnny Thomas appeals from the order of the district

court summarily dismissing his motion to vacate, set aside, or

correct his sentence filed pursuant to

(2000).

The district court withdrew this order on June 1, 2004, one day

before Thomas noted his appeal to this court. In the absence of an

appealable final order, we lack appellate jurisdiction to hear

Thomas’ appeal.

. Accordingly, we dismiss the

appeal. 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

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