US v. Walker, No. 05-7796 (4th Cir. 2006)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7796 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus IVEY WALKER, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Lacy H. Thornburg, District Judge. (CR-97-22; CA-02-66-3) Submitted: February 16, 2006 Decided: February 22, 2006 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ivey Walker, Appellant Pro Se. Brian Lee Whisler, Assistant United States Attorney, Richmond, Virginia; Gretchen C.F. Shappert, United States Attorney, David Alan Brown, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Ivey Walker seeks to appeal the district court s order dismissing two of the claims raised in his 28 U.S.C. § 2255 (2000) motion and ordering the Government to respond to his remaining claims. 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 Walker seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. dismiss the appeal for lack of Accordingly, we jurisdiction. Given this disposition, we deny his pending motion for a certificate of appealability. 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 -

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.