US v. Michael Pahutski

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:07-cr-00211-MR-1,3:12-cv-00308-MR Copies to all parties and the district court/agency. [999445674].. [14-6710]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6710

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL D. PAHUTSKI,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Martin K. Reidinger,
District Judge. (3:07-cr-00211-MR-1; 3:12-cv-00308-MR)

Submitted:

September 25, 2014

Decided:

September 30, 2014

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

Dismissed by unpublished per curiam opinion.

Michael D. Pahutski, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina;
Melissa
Louise
Rikard,
Assistant
United
States
Attorney,
Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael
court’s

April

21,

D.

Pahutski

2014

order

seeks

to

denying

appeal

seven

the

district

motions

Pahutski

filed while his 28 U.S.C. § 2255 (2012) motion was pending.

For

the reasons that follow, we dismiss this appeal.
This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545–
46 (1949).

In the underlying order, the district court rejected

Pahutski’s motions to withdraw his guilty plea, for sanctions,
to strike the Government’s response to his § 2255 motion, and
for an expedited ruling on his § 2255 motion.

As to these

rulings, the appealed-from order is neither a final order nor an
appealable interlocutory or collateral order.

Accordingly, we

dismiss this appeal in part for lack of jurisdiction.
The

district

court

also

rejected

Pahutski’s

three

motions for release or bail pending adjudication of his § 2255
motion.
an

Although a district court’s denial of such a request is

appealable

collateral

order,

see,

e.g.,

Pagan

v.

United

States, 353 F.3d 1343, 1345-46 & n.4 (11th Cir. 2003) (adopting
rule and collecting cases), in light of the district court’s May
28, 2014 order denying the § 2255 motion, Pahutski’s appeal of
this aspect of the court’s order is now moot.
2

See Incumaa v.

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Ozmint, 507 F.3d 281, 285-86 (4th Cir. 2007) (setting forth the
principles of appellate mootness).
remainder

of

this

appeal

as

moot.

We therefore dismiss the
We

dispense

with

oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

3