Opinion
21-6572
10-18-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLIE THOMPSON, Defendant-Appellant.
Charlie Thompson, Appellant Pro Se.
UNPUBLISHED
Submitted: October 14, 2021
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, Chief District Judge. (1:14-cr-00286-TDS-1; 1:21-cv-00266-TDS-JLW)
Charlie Thompson, Appellant Pro Se.
Before DIAZ and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charlie Thompson seeks to appeal the magistrate judge's order and recommendation construing Thompson's 18 U.S.C. § 3582(c) motion as a successive and unauthorized 28 U.S.C. § 2255 motion and recommending that the motion be dismissed on that basis. 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). The magistrate judge's order and recommendation 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 this court and argument would not aid the decisional process.
DISMISSED