US v. Benny Isom, No. 19-7298 (4th Cir. 2019)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7298 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BENNY LYNN ISOM, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Joe L. Webster, Magistrate Judge. (1:03-cr-00242-WO-1; 1:19-cv-00783WO-JLW) Submitted: December 19, 2019 Decided: December 23, 2019 Before NIEMEYER, AGEE, and QUATTLEBAUM, Circuit Judges. Dismissed by unpublished per curiam opinion. Benny Lynn Isom, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Benny Lynn Isom seeks to appeal the magistrate judge’s order recommending that his 28 U.S.C. § 2255 (2012) motion be denied. This court may exercise jurisdiction only over final orders, 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 v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Isom seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we 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 this court and argument would not aid the decisional process. DISMISSED 2

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