UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4910
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GARY IVAN TERRY,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-03-299)
Submitted: March 8, 2004 Decided: March 24, 2004
Before WIDENER, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gary Ivan Terry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gary Ivan Terry seeks to appeal the district court’s oral
order denying him leave to petition to modify the terms of his
supervised release. The district court denied the motion during
the course of Terry’s supervised release revocation proceedings,
which remain ongoing. This court may exercise jurisdiction only
over final orders, 28 U.S.C. § 1291 (2000), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2000). The
order Terry seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
dismiss the appeal for lack of jurisdiction. In light of our
dismissal, we also deny as moot Terry’s motion to stay the
proceedings in the district court pending the outcome of this
appeal. 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
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