Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Collins, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    2 views2 pages
    Larry Lamont Collins appealed a magistrate judge's order denying his post-judgment motions for trial transcripts and documents. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction. As the magistrate judge did not have authority to enter a final, appealable post-judgment order, the appellate court lacked jurisdiction to review the order. The court also denied Collins' motion to proceed in forma pauperis and suggested he could seek review of the magistrate's order in the district court instead.

    Original Description:

    Filed: 2005-08-08 Precedential Status: Non-Precedential Docket: 05-6365

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Larry Lamont Collins appealed a magistrate judge's order denying his post-judgment motions for trial transcripts and documents. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction. As the magistrate judge did not have authority to enter a final, appealable post-judgment order, the appellate court lacked jurisdiction to review the order. The court also denied Collins' motion to proceed in forma pauperis and suggested he could seek review of the magistrate's order in the district court instead.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2 views2 pages

    United States v. Collins, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Larry Lamont Collins appealed a magistrate judge's order denying his post-judgment motions for trial transcripts and documents. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction. As the magistrate judge did not have authority to enter a final, appealable post-judgment order, the appellate court lacked jurisdiction to review the order. The court also denied Collins' motion to proceed in forma pauperis and suggested he could seek review of the magistrate's order in the district court instead.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6365

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    LARRY LAMONT COLLINS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
    Chief District Judge. (CR-00-50)

    Submitted:

    July 27, 2005

    Decided:

    August 8, 2005

    Before KING, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Larry Lamont Collins, Appellant Pro Se.


    Sandra Jane Hairston,
    Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Larry Lamont Collins seeks to appeal from an order of a
    magistrate judge denying post-judgment motions for a transcript of
    Collinss criminal trial and other court documents, and a motion to
    compel his former attorney to relinquish trial transcripts. As the
    magistrate judge did not have jurisdiction to enter a final,
    appealable post-judgment order, see 28 U.S.C. 636 (2000); Estate
    of

    Conners,

    F.3d

    656,

    658-59

    (9th

    Cir.

    1993),

    we

    lack

    jurisdiction to review the order in question.


    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).

    The order

    Collins seeks to appeal is neither final nor otherwise appealable.


    Accordingly, we deny Collinss motion to proceed in forma pauperis
    and dismiss the appeal for lack of jurisdiction.*

    We dispense with

    oral

    contentions

    argument

    because

    the

    facts

    and

    legal

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    DISMISSED

    Collins may seek review of the magistrate judges order in


    the district court. 28 U.S.C. 636(b)(1) (2000).
    - 2 -

    You might also like