UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6825
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROGER CHARLES DAY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. John A. Gibney, Jr.,
District Judge. (3:07-cr-00154-JAG-3)
Submitted: September 9, 2015 Decided: September 14, 2015
Before SHEDD, WYNN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roger Charles Day, Jr., Appellant Pro Se. Ryan Scott Faulconer,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia;
Elizabeth Wu, Assistant United States Attorney, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roger Charles Day, Jr., seeks to appeal the district
court’s orders denying his motion to recuse the district judge
and his motion for six months equitable tolling to file a
supplemental 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 orders Day
seeks to appeal are neither final orders nor appealable
interlocutory or collateral orders. * 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
*Day has also filed a notice of appeal asserting that the
criminal judgment in his case was amended on July 6, 2015. The
district court record does not contain any order on July 6,
2015, amending Day’s criminal judgment, and the letter Day
received from the United States Attorney is not an appealable
order.
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