LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee, v. Norman Alan KERR, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2015-04-21No. No. 15-6198
600 F. App'x 141

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Norman Alan Kerr seeks to appeal the magistrate judge’s order denying his motion seeking to disqualify the United States Attorney for the Middle District of North Carolina and the district court judge who presided over his trial and sentencing from participating in the adjudication of his 28 U.S.C. § 2255 (2012) motion.

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., 387 U.S. 541, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Kerr seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Kerr’s motion for a transcript at government expense and 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 this court and argument would not aid the decisional process.

DISMISSED.