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U.S. v. Graham

United States Court of Appeals, Fourth Circuit
Jul 29, 2009
338 F. App'x 328 (4th Cir. 2009)

Opinion

No. 09-6105.

Submitted: July 23, 2009.

Decided: July 29, 2009.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:02-cr-00002-GCM-1; 3:07-cv-00417-GCM).

Marvin Marco Graham, Appellant Pro Se. Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Marvin Marco Graham seeks to appeal the district court's order denying his motion to amend his 28 U.S.C.A. § 2255 (West Supp. 2009) motion to vacate. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). "A denial of a motion to amend a complaint is not a final order, nor is it an appealable interlocutory or collateral order." Bridges v. Dep't of Md. State Police, 441 F.3d 197, 206 (4th Cir. 2006). 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.


Summaries of

U.S. v. Graham

United States Court of Appeals, Fourth Circuit
Jul 29, 2009
338 F. App'x 328 (4th Cir. 2009)
Case details for

U.S. v. Graham

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Marvin Marco GRAHAM…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 29, 2009

Citations

338 F. App'x 328 (4th Cir. 2009)