United States of America, Plaintiff--appellee, v. Dwight Spears, Defendant--appellant, 59 F.3d 168 (4th Cir. 1995)

Annotate this Case
U.S. Court of Appeals for the Fourth Circuit - 59 F.3d 168 (4th Cir. 1995) Submitted: May 18, 1995. Decided: June 22, 1995

Dwight Spears, Appellant Pro Se. Robert James Conrad, Jr., Assistant United States Attorney, Charlotte, NC, for Appellee.

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


Appellant appeals from the district court's denial of his motion to recuse the district judge in his 28 U.S.C. § 2255 (1988) action. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We dismiss the appeal as interlocutory. We deny Appellant's motion for 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.