U.S. Court of Appeals for the Fourth Circuit, 2015

United States v. Roger Day, Jr.

United States v. Roger Day, Jr.
U.S. Court of Appeals for the Fourth Circuit · Decided September 14, 2015 · Shedd, Wynn, Floyd
616 F. App'x 61

United States v. Roger Day, Jr.

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Roger Charles Day, Jr., seeks to appeal the district court’s orders denying his motion to recuse the district judge and his motion for six months equitable tolling to file a supplemental 28 U.S.C. § 2255 (2012) motion. 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., 387 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The orders Day seeks to appeal are neither final orders nor appealable interlocutory or collateral orders. * 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 this court and argument would not aid the decisional process.

DISMISSED.

*

Day has also filed a notice of appeal asserting that the criminal judgment in his case was amended on July 6, 2015. The district court record does not contain any order on July 6, 2015, amending Day’s criminal judgment, and the letter Day received from the United States Attorney is not an appealable order.

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