United States v. Smith

U.S. Court of Appeals for the Fourth Circuit
United States v. Smith, 273 F. App'x 267 (4th Cir. 2008)

United States v. Smith

Opinion of the Court

PER CURIAM:

Leandra Smith seeks to appeal the district court order dismissing her pro se petition to vacate her criminal judgment. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Smith seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. 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. Leandra SMITH, a/k/a Leanra Smith, a/k/a Rhonda L. Barber, Defendant—Appellant
Status
Published