United States v. Phillips

U.S. Court of Appeals for the Fourth Circuit

United States v. Phillips

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7527

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

MARK E. PHILLIPS, a/k/a Mark L. Aaron,

Defendant – Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Senior District Judge. (1:05-cr-00165-JFM-1)

Submitted: February 10, 2011 Decided: February 23, 2011

Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Mark E. Phillips, Appellant Pro Se. Richard Charles Kay, Allen F. Loucks, Paul M. Tiao, Assistant United States Attorneys, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Mark E. Phillips seeks to appeal the district court’s

order denying his motion to recuse and denying his motion for

assignment of the chief judge or another district court judge to

adjudicate recusal. 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

(1949). The order Phillips 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

2

Reference

Status
Unpublished