United States v. Hoover

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6777 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus NATHANIEL HOOVER, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Graham C. Mullen, District Judge. (CR-94-137, CA-95-337-3-MU) Submitted: August 15, 1996 Decided: August 21, 1996 Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Nathaniel Hoover, Appellant Pro Se. Gretchen C. F. Shappert, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals district court's denial of his "motion to proceed without extra time." We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. In light of this dis- position, we also deny Appellant's motion for bail pending appeal. We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2