US v. Duane Berry, No. 20-7409 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7409 UNITED STATES OF AMERICA, Petitioner - Appellee, v. DUANE LETROY BERRY, Respondent - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:20-hc-02085-BR) Submitted: December 22, 2020 Decided: December 29, 2020 Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Duane Letroy Berry, Appellant Pro Se. Genna Danelle Petre, Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Duane Letroy Berry—a former federal criminal defendant against whom a civil commitment proceeding is pending—seeks to appeal the district court’s order granting his request to hold evaluations and deadlines in abeyance and directing the clerk to terminate a hearing. 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, 545-47 (1949). The order Berry 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 deny Berry’s motions to amend or correct the record or certified list, to recall and stay the order, and to substitute party. 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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