US v. Rodriguez

Filing 920080125

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7391

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ANGEL LUIS RODRIGUEZ, aka Hector Reyes, aka Angel Ayala, aka Jose M. Gomez, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:03-cr-00092-DCN; 2:07-cv-70004-DCN)

Submitted:

January 17, 2008

Decided:

January 25, 2008

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Angel Luis Rodriguez, Appellant Pro Se. Alston Calhoun Badger, Jr., Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Angel Luis Rodriguez seeks to appeal the district court's order denying his motion for recusal. 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). The order Rodriguez 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 the court and argument would not aid the decisional process.

DISMISSED

- 2 -