US v. Charazz Moran

Filing 920090827

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6794 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARAZZ KEVIN MORAN, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:06-cr-00051-jct) Submitted: August 20, 2009 Decided: August 27, 2009 Before WILKINSON and Senior Circuit Judge. MICHAEL, Circuit Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Charazz Kevin Moran, Appellant Pro Se. Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charazz Kevin Moran seeks to appeal the district court's grant of partial summary judgment on Moran's 28 U.S.C.A. 2255 (West Supp. 2009) motion. Though his appeal was filed pro se, Moran's district court counsel has filed a motion before us on Moran's behalf, acknowledging that this appeal is interlocutory, but requesting this court stay consideration of the appeal pending the district court's final disposition of the remainder of Moran's 2255 claims. Alternatively, counsel requests this court dismiss Moran's appeal without prejudice to his ability to refile at the close of the district court's proceedings. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2006), and certain interlocutory and collateral 54(b); (1949). order nor orders, v. 28 U.S.C. 1292 Indus. (2006); Loan Fed. R. Civ. U.S. P. 541 Cohen Beneficial Corp., 337 The order Moran seeks to appeal is neither a final an we lack to appealable deny of interlocutory motion to Our or collateral and order. the Accordingly, appeal for Moran's stay dismiss is jurisdiction. right to dismissal his appeal without the prejudice Moran's refile after district court has entered a final order. We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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