US v. Roger Day, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:07-cr-00154-JAG-3. Copies to all parties and the district court/agency. [999658987]. Mailed to: Roger Charles Day, Jr.. [15-6825]

Appeal: 15-6825

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Filed: 09/14/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6825

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROGER CHARLES DAY, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:07-cr-00154-JAG-3)

Submitted:

September 9, 2015

Decided:

September 14, 2015

Before SHEDD, WYNN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roger Charles Day, Jr., Appellant Pro Se. Ryan Scott Faulconer,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia;
Elizabeth Wu, Assistant United States Attorney, Richmond,
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6825

Doc: 12

Filed: 09/14/2015

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PER CURIAM:
Roger

Charles

Day,

Jr.,

seeks

to

appeal

the

district

court’s orders denying his motion to recuse the district judge
and

his

motion

for

six

months

equitable

tolling

supplemental 28 U.S.C. § 2255 (2012) motion.

to

file

a

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).
seeks

to

appeal

are

neither

final

interlocutory or collateral orders. *
appeal for lack of jurisdiction.

orders

The orders Day
nor

appealable

Accordingly, we 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

*

Day has also filed a notice of appeal asserting that the
criminal judgment in his case was amended on July 6, 2015. The
district court record does not contain any order on July 6,
2015, amending Day’s criminal judgment, and the letter Day
received from the United States Attorney is not an appealable
order.

2