US v. David Hick, No. 11-7086 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7086 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID A. HICKS, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:05-cr-00040-1) Submitted: December 15, 2011 Decided: December 20, 2011 Before GREGORY, SHEDD, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. David A. Hicks, Appellant Pro Se. Gary L. Call, Steven Loew, Assistant United States Attorneys, Betty Adkins Pullin, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David A. Hicks seeks to appeal the district court s order affirming the magistrate judge s orders denying Hicks motion seeking discovery from the Government and his motion to submit photographs. over final This court may exercise jurisdiction only orders, 28 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, 545-46 (1949). neither a final order nor The order Hicks seeks to appeal is an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and materials legal before contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 2

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