US v. Kalu Kalu

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-cr-00061-D-1. Copies to all parties and the district court/agency. [998782301]. Mailed to: Kalu Kalu. [11-7126]

Appeal: 11-7126

Document: 9

Date Filed: 02/07/2012

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7126

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

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:09-cr-00061-D-1)

Submitted:

January 17, 2012

Decided:

February 7, 2012

Before DAVIS, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kalu Kalu, Appellant Pro Se.
Rudolf A. Renfer, Jr., Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-7126

Document: 9

Date Filed: 02/07/2012

Page: 2 of 2

PER CURIAM:
Kalu Kalu seeks to appeal the district court’s denial
of

his

motion

to

release

funds.

This

court

may

exercise

jurisdiction only over final orders, 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. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949).
to

appeal

is

neither

a

final

interlocutory or collateral order. ∗
appeal for lack of jurisdiction.

order

The order Kalu seeks
nor

an

appealable

Accordingly, we dismiss the

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

∗

The district court has yet to issue a garnishment
disposition order or act upon Kalu’s request for a hearing. We
note that, as directed by statute, the district court should not
delay the resolution of such matters.
See 28 U.S.C. § 3205(c)
(2006).

2