United States v. Antoine Hill

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6826 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTOINE HILL, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:07-cr-00407-REP-1; 3:10-cv-00772-REP) Submitted: August 22, 2012 Decided: August 27, 2012 Before WILKINSON, GREGORY, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Antoine Hill, Appellant Pro Se. Michael Arlen Jagels, Special Assistant United States Attorney, Olivia L. Norman, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Antoine Hill seeks to appeal the district court’s order dismissing, in part, his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. 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, 545- 46 (1949). The order Hill 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 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