US v. Isaac Armstead, IV

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed under CJA [999701598-2] Originating case number: 5:08-cr-00258-MBS-1 Copies to all parties and the district court/agency. [999751678]. Mailed to: Isaac Armstead, IV. [15-7658]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7658

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ISAAC BENTON ARMSTEAD, IV, a/k/a Ike, a/k/a Issac Benton
Armstead,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Margaret B. Seymour, Senior
District Judge. (5:08-cr-00258-MBS-1)

Submitted:

December 29, 2015

Decided:

February 9, 2016

Before WILKINSON, SHEDD, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Isaac Benton Armstead, IV, Appellant Pro Se.
Stanley D.
Ragsdale, John David Rowell, Assistant United States Attorneys,
Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Isaac Benton Armstead, IV, seeks to appeal a September 28,
2015 order of the district court, but that was a text order
granting Armstead’s own motion for an extension of time.

In his

informal brief, Armstead also challenges the “district court[’s]
denial” of his motion for a sentence reduction, the Government’s
failure to address the merits of his second § 2255 motion, and
the

sentencing

court’s

sentencing enhancement.

application

of

the

career

offender

However, the district court has not

entered an order deciding any of these issues.
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, 54546 (1949).
an

Armstead seeks to appeal neither a final order nor

appealable

interlocutory

or

collateral

order.

Armstead’s

motions to reduce his sentence and for reconsideration remain
pending in district court, as does the Government’s motion for
summary judgment on Armstead’s 28 U.S.C. § 2255 (2012) motion to
vacate.

Accordingly, we deny leave to proceed in forma pauperis

and dismiss the appeal for lack of jurisdiction.

We dispense

with oral argument because the facts and legal contentions are

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adequately presented in the materials before this court, and
argument would not aid the decisional process.
DISMISSED

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