US v. Mark Phillip

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:05-cr-00165-JFM-1 Copies to all parties and the district court/agency. [998530014] [10-7527]

Case: 10-7527

Document: 8

Date Filed: 02/23/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7527

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MARK E. PHILLIPS, a/k/a Mark L. Aaron,
Defendant – Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:05-cr-00165-JFM-1)

Submitted:

February 10, 2011

Decided:

February 23, 2011

Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Mark E. Phillips, Appellant Pro Se.
Richard Charles Kay, Allen
F. Loucks, Paul M. Tiao, Assistant United States Attorneys,
Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Case: 10-7527

Document: 8

Date Filed: 02/23/2011

Page: 2

PER CURIAM:
Mark E. Phillips seeks to appeal the district court’s
order denying his motion to recuse and denying his motion for
assignment of the chief judge or another district court judge to
adjudicate recusal.

This court may exercise jurisdiction only

over

28

final

orders,

U.S.C.

§

1291

(2006),

and

certain

interlocutory and collateral orders, 28 U.S.C. § 1292 (2006);
Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541 (1949).
neither

a

final

The order Phillips seeks to appeal is

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

materials

legal
before

contentions

are

adequately

the

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

2