United States v. Raines

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6364 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROOSEVELT MONTIE RAINES, a/k/a Marty Raines, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Russell A. Eliason, Magistrate Judge. (CR-92-96, CA-95-243-2) Submitted: September 20, 1996 Decided: October 1, 1996 Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Roosevelt Montie Raines, Appellant Pro Se. David Bernard Smith, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals from the magistrate judge's report and recommendation and order denying leave to file a brief in excess of the page limitations. We dismiss the appeal for lack of jurisdic- tion because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); 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. 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