US v. Lewis Byrd

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:03-cr-00067-GCM-DCK-1,3:08-cv-00257-GCM Copies to all parties and the district court/agency. [998541706] [10-7610]

US v. Lewis Byrd

Doc. 0

Case: 10-7610

Document: 5

Date Filed: 03/10/2011

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7610

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. LEWIS MOSES BYRD, Defendant ­ Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:03-cr-00067-GCM-DCK-1; 3:08-cv-00257GCM)

Submitted:

February 28, 2011

Decided:

March 10, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lewis Moses Byrd, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-7610

Document: 5

Date Filed: 03/10/2011

Page: 2

PER CURIAM: Lewis Moses Byrd seeks to appeal the district court's order granting the Government's motion to file its response to his 28 U.S.C.A. § 2255 (West Supp. 2010) motion out of time and denying Byrd's motion to amend his § 2255 motion. may exercise jurisdiction only over final orders, This court 28 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. The

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).

order Byrd seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. dismiss the appeal for lack of jurisdiction. oral argument because in the the facts and legal before Accordingly, we We dispense with contentions the court are and

adequately

presented

materials

argument would not aid the decisional process. DISMISSED

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