United States v. Angelo Galloway

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6182

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

ANGELO GALLOWAY, a/k/a Gelo,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Mark S. Davis, District
Judge. (2:10-cr-00096-MSD-TEM-2)

Submitted: April 24, 2014 Decided: April 29, 2014

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Angelo Galloway, Appellant Pro Se. Laura Marie Everhart,
Benjamin L. Hatch, Assistant United States Attorneys, Norfolk,
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Angelo Galloway seeks to appeal the district court’s

order denying his motion for an evidentiary hearing in his 28

U.S.C. § 2255 (2012) proceedings. 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 Galloway

seeks to appeal, which was entered prior to the court’s ruling

on Galloway’s § 2255 motion, is neither a final order nor an

appealable interlocutory or collateral order. Nor could it have

been certified for immediate appealability under Rule 54(b). In

re Bryson, 406 F.3d 284, 287-88 (4th Cir. 2005); Equip. Fin.

Grp., Inc. v. Traverse Computer Brokers, 973 F.2d 345, 347-48

(4th Cir. 1992). 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

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