USCA4 Appeal: 23-6205 Doc: 11 Filed: 04/25/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6205
UNITED STATES OF AMERICA,
Petitioner - Appellee,
v.
DUANE LETROY BERRY,
Respondent - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Brian Scott Meyers, Magistrate Judge. (5:20-hc-02085-M)
Submitted: April 20, 2023 Decided: April 25, 2023
Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Duane Letroy Berry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6205 Doc: 11 Filed: 04/25/2023 Pg: 2 of 2
PER CURIAM:
Duane Letroy Berry seeks to appeal the magistrate judge’s scheduling order issued
in his pending civil commitment proceeding. This court may exercise jurisdiction only
over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders,
28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.
541, 545-47 (1949). The order Berry 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 Berry’s motions for stay pending appeal, to vacate the district
court’s order, and to vacate the 18 U.S.C. § 4246(a) certificate order and 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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