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UNITED STATES of America, Plaintiff-Appellee, v. Lewis Moses BYRD, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2011-03-10No. No. 10-7610
416 F. App'x 256

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Opinion

majority opinion

PER CTJRIAM:

Lewis Moses Byrd seeks to appeal the district courts order granting the Governments motion to file its response to his 28 U.S.C.A. § 2255 (West Supp.2010) motion out of time and denying Byrds motion to amend his § 2255 motion. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.s.c. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Byrd seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.