U.S. Court of Appeals for the Fourth Circuit, 2009

United States v. Woodward

United States v. Woodward
U.S. Court of Appeals for the Fourth Circuit · Decided October 1, 2009 · Niemeyer, Michael, Shedd
345 F. App'x 886

United States v. Woodward

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David Michael Woodward seeks to appeal the district court’s order granting leave to amend his successive motion under 28 U.S.C.A. § 2255 (West Supp. 2009), or petition this court for authorization to file a successive § 2255 motion. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); 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 Woodward seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis and 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.

*

Although we express no opinion on the merits of the order Woodward seeks to appeal, we note that a resentencing under Fed.R.Crim.P. 35(b) does not restart the clock on the one-year limitations period for motions under 28 U.S.C.A. § 2255 (West Supp. 2009). United States v. Sanders, 247 F.3d 139, 144 (4th Cir. 2001).

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