UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6794
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHARAZZ KEVIN MORAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior
District Judge. (7:06-cr-00051-jct)
Submitted: August 20, 2009 Decided: August 27, 2009
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Charazz Kevin Moran, Appellant Pro Se. Donald Ray Wolthuis,
Assistant United States Attorney, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charazz Kevin Moran seeks to appeal the district
court’s grant of partial summary judgment on Moran’s 28 U.S.C.A.
§ 2255 (West Supp. 2009) motion. Though his appeal was filed
pro se, Moran’s district court counsel has filed a motion before
us on Moran’s behalf, acknowledging that this appeal is
interlocutory, but requesting this court stay consideration of
the appeal pending the district court’s final disposition of the
remainder of Moran’s § 2255 claims. Alternatively, counsel
requests this court dismiss Moran’s appeal without prejudice to
his ability to refile at the close of the district court’s
proceedings.
This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541
(1949). The order Moran seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we deny Moran’s motion to stay and dismiss the
appeal for lack of jurisdiction. Our dismissal is without
prejudice to Moran’s right to refile his appeal after the
district court has entered a final order. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
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