United States v. Milton

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6858 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GREGORY ALLEN MILTON, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CR-95-70074, CA-00-31-7) Submitted: October 10, 2000 Decided: October 19, 2000 Before LUTTIG, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Gregory Allen Milton, Appellant Pro Se. Thomas Jack Bondurant, Jr., Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Gregory Allen Milton appeals the district court’s order deny- ing his motion to reconsider its earlier denial of his motion to amend his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 2000). We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocu- tory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We deny a certificate of appealability and dismiss the appeal as interlocutory. 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