US v. Agustin Gomez-Rojas, No. 23-6229 (4th Cir. 2023)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-6229 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AGUSTIN GOMEZ-ROJAS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:19-cr-00308-D-1; 5:22-cv-00365-D) Submitted: November 21, 2023 Decided: November 28, 2023 Before WILKINSON and NIEMEYER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Agustin Gomez-Rojas, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Agustin Gomez-Rojas seeks to appeal the district court’s order denying his motion for transcripts in his ongoing 28 U.S.C. § 2255 proceedings. 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 Gomez-Rojas 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 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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