US v. Carter Tillery

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cr-00223-JRS-1,3:14-cv-00275-JRS Copies to all parties and the district court/agency. [999375443]. Mailed to: CARTER TILLERY. [14-6750]

Appeal: 14-6750

Doc: 6

Filed: 06/13/2014

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6750

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

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, District
Judge. (3:10-cr-00223-JRS-1; 3:14-cv-00275-JRS)

Submitted:

June 11, 2014

Decided:

June 13, 2014

Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Carter Tillery, Appellant Pro Se.
Jessica D. Aber, OFFICE OF
THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-6750

Doc: 6

Filed: 06/13/2014

Pg: 2 of 2

PER CURIAM:
Carter Tillery seeks to appeal the district court’s
order denying his motion to recuse the district judge in his
pending 28 U.S.C. § 2255 (2012) motion proceeding.
may

exercise

jurisdiction

only

over

final

orders,

This court
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

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

v.
The

order Tillery seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order.
dismiss the appeal for lack of jurisdiction.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

Accordingly, we
We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.
DISMISSED

2