US v. James Scott, Jr., No. 09-7117 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7117 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JAMES SCOTT, JR., Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:07-cr-00066-HEH-1; 3:08-cv-00539-HEH) Submitted: November 10, 2009 Decided: November 23, 2009 Before WILKINSON, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. James Scott, Jr., Appellant Pro Se. Stephen Wiley Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James Scott, Jr., seeks to appeal the district court s order dismissing two of Scott s 28 U.S.C.A. § 2255 (West Supp. 2009) claims and referring the third to a magistrate judge for further proceedings. This court may exercise jurisdiction only over 28 final orders, U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). a final order order. nor The order Scott seeks to appeal is neither an Accordingly, jurisdiction. appealable we dismiss interlocutory the appeal or for collateral lack of 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

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