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  • United States v. Gomez, 4th Cir. (2007)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Hugo Rene Gomez for lack of jurisdiction. Gomez sought to appeal a magistrate judge's order denying his motion for a trial transcript at government expense for his underlying 28 U.S.C. § 2255 motion. The Court determined that the order was neither a final order subject to appeal, nor an appealable interlocutory or collateral order, and therefore dismissed the appeal for lack of jurisdiction. The Court dispensed with oral argument, finding the facts and legal issues were adequately presented.

    Original Description:

    Filed: 2007-05-15 Precedential Status: Non-Precedential Docket: 07-6356

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Hugo Rene Gomez for lack of jurisdiction. Gomez sought to appeal a magistrate judge's order denying his motion for a trial transcript at government expense for his underlying 28 U.S.C. § 2255 motion. The Court determined that the order was neither a final order subject to appeal, nor an appealable interlocutory or collateral order, and therefore dismissed the appeal for lack of jurisdiction. The Court dispensed with oral argument, finding the facts and legal issues were adequately presented.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    5 views2 pages

    United States v. Gomez, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Hugo Rene Gomez for lack of jurisdiction. Gomez sought to appeal a magistrate judge's order denying his motion for a trial transcript at government expense for his underlying 28 U.S.C. § 2255 motion. The Court determined that the order was neither a final order subject to appeal, nor an appealable interlocutory or collateral order, and therefore dismissed the appeal for lack of jurisdiction. The Court dispensed with oral argument, finding the facts and legal issues were adequately presented.

    Copyright:

    Public Domain
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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6356

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    HUGO RENE GOMEZ, a/k/a Michael Christopher
    Fiero, a/k/a Michael Christopher Fierro,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, Senior
    District Judge. (1:04-cr-00423-WLO)

    Submitted: May 10, 2007

    Decided:

    May 15, 2007

    Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Hugo Rene Gomez, Appellant Pro Se. Angela Hewlett Miller, OFFICE OF
    THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Hugo Rene Gomez seeks to appeal the magistrate judges
    order denying his motion for a transcript at government expense
    made in his underlying 28 U.S.C. 2255 (2000) motion.

    This court

    may exercise jurisdiction only over final orders, 28 U.S.C. 1291


    (2000), and certain interlocutory and collateral orders, 28 U.S.C.
    1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
    Loan Corp., 337 U.S. 541 (1949).
    is

    neither

    final

    collateral order.

    order

    nor

    The order Gomez seeks to appeal


    an

    appealable

    interlocutory

    or

    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

    - 2 -

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