US v. Christopher Eubanks

Filing 920090325

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8474

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER EUBANKS, Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. James E. Seibert, Magistrate Judge. (5:06-cr-00033-FPS-JES-2; 5:07-cv-00153-FPS)

Submitted:

March 11, 2009

Decided:

March 25, 2009

Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher Eubanks, Appellant Pro Se. John Castle Parr, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Christopher Eubanks seeks to appeal the magistrate

judge's order denying his motion for default judgment on his pending 28 U.S.C. § 2255 (2006) motion to vacate, set aside or correct his sentence. over final orders This court may exercise jurisdiction only certain interlocutory and collateral

and

orders. 54(b); (1949). order

28 U.S.C.A. §§ 1291, 1292 (2006); Fed. R. Civ. P. Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541

The order Eubanks seeks to appeal is neither a final nor an appealable interlocutory or collateral order.

Accordingly, we dismiss the appeal for lack of jurisdiction. Eubanks' motion for a certificate of appealability is denied as moot. legal before We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. DISMISSED

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