Opinion
23-6205
04-25-2023
UNITED STATES OF AMERICA, Petitioner - Appellee, v. DUANE LETROY BERRY, Respondent - Appellant.
Duane Letroy Berry, Appellant Pro Se.
UNPUBLISHED
Submitted: April 20, 2023
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Brian Scott Meyers, Magistrate Judge. (5:20-hc-02085-M)
Duane Letroy Berry, Appellant Pro Se.
Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Duane Letroy Berry seeks to appeal the magistrate judge's scheduling order issued in his pending civil commitment proceeding. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-47 (1949). The order Berry 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 deny Berry's motions for stay pending appeal, to vacate the district court's order, and to vacate the 18 U.S.C. § 4246(a) certificate order and 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