UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7407
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH LEE FOSTER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:09-cr-00013-MR-DLH-8; 1:12-cv-00315-MR)
Submitted: March 11, 2014 Decided: March 17, 2014
Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kenneth Lee Foster, Appellant Pro Se. Melissa Louise Rikard,
Assistant United States Attorney, Thomas A. O’Malley, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina; Amy
Elizabeth Ray, Assistant United States Attorney, Jill
Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY,
Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Lee Foster seeks to appeal the district
court’s order denying his motion to amend his 28 U.S.C. § 2255
(2012) motion. This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-
46 (1949). The order Foster seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order. See
Bridges v. Dep’t of Md. State Police, 441 F.3d 197, 206 (4th
Cir. 2006) (stating that denial of motion to amend not
immediately appealable); In re Bryson, 406 F.3d 284, 287-89 (4th
Cir. 2005) (discussing cumulative finality). Accordingly, 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 this court and
argument would not aid the decisional process.
DISMISSED
2