UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7010
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOSE NACACIO AMU,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. James C. Cacheris,
Senior District Judge. (CR-97-40; CA-03-601)
Submitted: September 9, 2004 Decided: September 16, 2004
Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jose Nacacio Amu, Appellant Pro Se. Jennifer Marie Hoefling,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jose Nacacio Amu seeks to appeal the district court’s
order denying his motion for reconsideration of the denial of his
motion to amend his pending 28 U.S.C. § 2255 (2000) motion. 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); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541 (1949). The order Amu seeks to
appeal is neither a final order nor an appealable interlocutory or
collateral order. Accordingly, we deny Amu’s motion to proceed in
forma pauperis, and 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 the
court and argument would not aid the decisional process.
DISMISSED
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