U.S. Court of Appeals for the Fourth Circuit, 2014

United States v. Michael Pahutski

United States v. Michael Pahutski
U.S. Court of Appeals for the Fourth Circuit · Decided September 30, 2014 · Wilkinson, Agee, Davis
584 F. App'x 74

United States v. Michael Pahutski

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael D. Pahutski seeks to appeal the district court’s April 21, 2014 order denying seven motions Pahutski filed while his 28 U.S.C. § 2255 (2012) motion was pending. For the reasons that follow, we dismiss this appeal.

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). In the underlying order, the district court rejected Pa-hutski’s motions to withdraw his guilty plea, for sanctions, to strike the Government’s response to his § 2255 motion, and for an expedited ruling on his § 2255 motion. As to these rulings, the appealed-from order is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss this appeal in part for lack of jurisdiction.

The district court also rejected Pahut-ski’s three motions for release or bail pending adjudication of his § 2255 motion. Although a district court’s denial of such a request is an appealable collateral order, see, e.g., Pagan v. United States, 353 F.3d 1343, 1345-46 & n. 4 (11th Cir. 2003) (adopting rule and collecting cases), in light of the district court’s May 28, 2014 order denying the § 2255 motion, Pahutski’s appeal of this aspect of the court’s order is now moot. See Incumaa v. Ozmint, 507 F.3d 281, 285-86 (4th Cir. 2007) (setting forth the principles of appellate mootness). We therefore dismiss the remainder of this appeal as moot. We dispense with oral argument because the *75 facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

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