UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6892
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BASHAWN LEE HANBERRY, a/k/a Bo,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. Russell A. Eliason, Magistrate
Judge. (CR-94-185, CA-99-13-1)
Submitted: September 30, 1999 Decided: October 7, 1999
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bashawn Lee Hanberry, Appellant Pro Se. David Bernard Smith,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bashawn Lee Hanberry appeals a district court order denying
his motion (1) to amend his motion filed pursuant to 28 U.S.C.A. §
2255 (West Supp. 1999); (2) to expand discovery; and (3) to serve
newly discovered evidence. 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 interlocutory or collateral
order.
We deny a certificate of appealability and 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