United States v. McDonald

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7424 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RAYMOND H. MCDONALD, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Dennis W. Shedd, District Judge. (CR-91-552, CA-00-3944-4-19) Submitted: January 17, 2002 Decided: January 28, 2002 Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Raymond H. McDonald, Appellant Pro Se. Alfred William Walker Bethea, Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Raymond H. McDonald appeals the district court’s order grant- ing summary judgment in part to the Government on his motion filed pursuant to 28 U.S.C.A. § 2255 (West Supp. 2001). We dismiss the appeal for lack of jurisdiction because the order is not appeal- able. 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 therefore 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 ma- terials before the court and argument would not aid the decisional process. DISMISSED 2