United States v. Lentz

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6159 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JAY E. LENTZ, Defendant – Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:01-cr-00150-TSE-1) Submitted: August 20, 2009 Decided: September 2, 2009 Before MICHAEL, MOTZ, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Jay E. Lentz, Appellant Pro Se. Patricia Marie Haynes, OFFICE OF THE UNITED STATES ATTORNEY, Erik R. Barnett, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jay Lentz seeks to appeal the district court’s order denying his motion for appointment of counsel and his motion for appointment of an investigator. 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 Lentz seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny as moot Lentz’s motion to hold the case in abeyance. 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