UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6193
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GALEN CHRISTOPHER PENDERGRASS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-
01-147-CCB; CA-04-3697-CCB)
Submitted: April 28, 2005 Decided: May 6, 2005
Before WILLIAMS, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Galen Christopher Pendergrass, Appellant Pro Se. Jacabed
Rodriguez-Coss, Assistant United States Attorney, Baltimore,
Maryland; Sandra Wilkinson, Assistant United States Attorney,
Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Galen Christopher Pendergrass seeks to appeal the
district court’s order dismissing one claim and directing him to
respond regarding the timeliness of the remaining claims in his 28
U.S.C. § 2255 (2000) motion. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (2000), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.
R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.
541 (1949). The order Pendergrass seeks to appeal is neither a
final order nor an appealable interlocutory or collateral order.
Accordingly, we deny a certificate of appealability and dismiss the
appeal for lack of jurisdiction. 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
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