United States v. Shifflett

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7101 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL RAY SHIFFLETT, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CR-91-33, CA-99-822-7) Submitted: November 9, 2000 Decided: November 17, 2000 Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Ray Shifflett, Appellant Pro Se. Jennie M. Waering, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Michael Ray Shifflett appeals the district court’s order af- firming the magistrate judge’s order denying Shifflett’s motion to supplement the record with an additional claim. We dismiss the ap- peal 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 interlocutory 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