US v. Gomez

Filing 920070515

Opinion

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6356 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus HUGO RENE GOMEZ, a/k/a Michael Christopher Fiero, a/k/a Michael Christopher Fierro, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Senior District Judge. (1:04-cr-00423-WLO) Submitted: May 10, 2007 Decided: May 15, 2007 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Hugo Rene Gomez, Appellant Pro Se. Angela Hewlett Miller, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Hugo Rene Gomez seeks to appeal the magistrate judge's order denying his motion for a transcript at government expense made in his underlying 28 U.S.C. 2255 (2000) motion. 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). is neither a final order nor The order Gomez seeks to appeal 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 the court and argument would not aid the decisional process. DISMISSED - 2 -

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?