US v. Alton Benn

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00127-TDS-2. Copies to all parties and the district court/agency [999800158]. Mailed to: Alton Benn. [15-7959]

Appeal: 15-7959

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Filed: 04/21/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7959

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ALTON BENN,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:11-cr-00127-TDS-2)

Submitted:

April 19, 2016

Decided:

April 21, 2016

Before AGEE, DIAZ, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alton Benn, Appellant Pro Se.
Lisa Blue Boggs, Robert Michael
Hamilton,
Angela
Hewlett
Miller,
Assistant
United
States
Attorneys, Stephen Thomas Inman, OFFICE OF THE UNITED STATES
ATTORNEY, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7959

Doc: 9

Filed: 04/21/2016

Pg: 2 of 2

PER CURIAM:
Alton

Benn

seeks

to

appeal

the

district

court’s

order

affirming the magistrate judge’s denial of Benn’s motion to expand
the record in his 28 U.S.C. § 2255 (2012) proceedings.

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).

The order Benn seeks to

appeal is neither a final order nor an appealable interlocutory or
collateral order.
jurisdiction.

Accordingly, we dismiss the appeal for lack of

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

2