US v. Shapat Nabaya, No. 20-7339 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7339 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHAPAT AHDAWAN NABAYA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:17-cr-00003-MHL-1) Submitted: December 22, 2020 Decided: December 29, 2020 Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Shapat Ahdawan Nabaya, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Shapat Ahdawan Nabaya seeks to appeal the district court’s order denying 44 motions in his ongoing 28 U.S.C. § 2255 proceeding. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Nabaya seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Nabaya’s motions for a certificate of appealability and for release pending appeal, and 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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