United States v. Shapat Nabaya

U.S. Court of Appeals for the Fourth Circuit

United States v. Shapat Nabaya

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7339

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SHAPAT AHDAWAN NABAYA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:17-cr-00003-MHL-1)

Submitted: December 22, 2020 Decided: December 29, 2020

Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Shapat Ahdawan Nabaya, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Shapat Ahdawan Nabaya seeks to appeal the district court’s order denying 44

motions in his ongoing

28 U.S.C. § 2255

proceeding. This court may exercise jurisdiction

only over final orders,

28 U.S.C. § 1291

, and certain interlocutory and collateral orders,

28 U.S.C. § 1292

; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,

337 U.S. 541, 545-46

(1949). The order Nabaya seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we deny Nabaya’s motions for a certificate

of appealability and for release pending appeal, and 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

2

Reference

Status
Unpublished