Opinion
No. 20-7126
02-09-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAMIEN NOWELL, Defendant - Appellant.
Damien Nowell, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:15-cr-00329-D-1; 5:19-cv-00411-D) Before KING, FLOYD, and RICHARDSON, Circuit Judges. Dismissed and remanded by unpublished per curiam opinion. Damien Nowell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Damien Nowell seeks to appeal the district court's order granting his motion to file an amended 28 U.S.C. § 2255 motion and dismissing his original § 2255 motion. 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, 545-46 (1949). "Ordinarily, a district court order is not final until it has resolved all claims as to all parties." Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted).
Our review of the record reveals that the district court has not adjudicated all of the claims that are properly before the court. Id. at 696-97. Specifically, the court has not yet addressed the claim raised in Nowell's amended § 2255 motion, which remains pending before the court. We conclude that the order Nowell seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and remand to the district court for consideration of the unresolved claim. Id. at 699.
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 AND REMANDED