UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6352
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICKY L. RIVERS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CR-99-45)
Submitted: August 25, 2005 Decided: September 1, 2005
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Ricky L. Rivers, Appellant Pro Se. Brian Lee Whisler, 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Unpublished opinions are not binding precedent in this circuit.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:
Ricky L. Rivers seeks to appeal a district court order
allegedly entered on October 4, 2004. Though Rivers includes an
October 4, 2004, letter to a third party from the district court
concerning serving his state sentence before serving his federal
sentence, no final appealable order was entered on that date.
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). After
thoroughly reviewing the record and Rivers’ submissions, we
conclude that Rivers fails to appeal an appealable order.
Accordingly, we deny Rivers’ motion for the appointment of counsel
and 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
- 2 -