United States v. Dominick Johnson

U.S. Court of Appeals for the Fourth Circuit

United States v. Dominick Johnson

Opinion

USCA4 Appeal: 22-7053 Doc: 10 Filed: 12/27/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-7053

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DOMINICK LARENZO JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:16-cr-00761-TMC-1)

Submitted: December 20, 2022 Decided: December 27, 2022

Before NIEMEYER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dominick Larenzo Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7053 Doc: 10 Filed: 12/27/2022 Pg: 2 of 2

PER CURIAM:

Dominick Larenzo Johnson seeks to appeal the district court’s order in his

28 U.S.C. § 2255

proceeding granting his motion to amend, directing the clerk to mail him a copy of

the Government’s amended motion for summary judgment and an order under Roseboro v.

Garrison,

528 F.2d 309

(4th Cir. 1975) (per curiam), and dismissing his

28 U.S.C. § 2241

petition without prejudice and with leave to refile. 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, 545-47

(1949). The order Johnson 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 this court and argument would not aid the

decisional process.

DISMISSED

2

Reference

Status
Unpublished