UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7624
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES E. CARR, a/k/a Jimbo,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry C. Morgan, Jr., District
Judge. (CR-93-66, CA-97-916-2)
Submitted: February 11, 1999 Decided: February 24, 1999
Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James E. Carr, Appellant Pro Se. Carol M. Marx, Special Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James E. Carr appeals a district court’s order dismissing one
his claims under 28 U.S.C.A. § 2255 (West Supp. 1998) but ordering
a hearing with regard to a second claim. We dismiss the appeal for
lack of jurisdiction because the order is not appealable. This
court may exercise jurisdiction only over final orders, see 28
U.S.C. § 1291 (1994), and certain interlocutory and collateral
orders, see 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 inter-
locutory or collateral order.
We deny a certificate of appealability and dismiss the appeal
as interlocutory. We also deny Carr’s motion for copies of tran-
scripts, lab reports, and other items. 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