US v. Carter Tillery, No. 14-6750 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6750 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARTER TILLERY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (3:10-cr-00223-JRS-1; 3:14-cv-00275-JRS) Submitted: June 11, 2014 Decided: June 13, 2014 Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Carter Tillery, Appellant Pro Se. Jessica D. Aber, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Carter Tillery seeks to appeal the district court s order denying his motion to recuse the district judge in his pending 28 U.S.C. § 2255 (2012) motion proceeding. may exercise jurisdiction only over final orders, This court 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). v. The order Tillery seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials Accordingly, we We dispense with legal contentions are before this and court argument would not aid the decisional process. DISMISSED 2

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