37 F. 3d 1496 - United States v. Burgess
37 F3d 1496 United States v. Burgess
UNITED STATES of America, Plaintiff Appellee,
v.
Albert Charles BURGESS, Jr., Defendant Appellant.
No. 94-6762.
United States Court of Appeals, Fourth Circuit.
Submitted Aug. 25, 1994.
Decided Oct. 13, 1994.
37 F.3d 1496
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CR-92-217)
Albert Charles Burgess, Jr., appellant pro se.
Eric William Ruschky, Asst. U.S. Atty., Columbia, SC, for appellee.
Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.
PER CURIAM:
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Appellant appeals from the district court's order denying his motion for the district judge to recuse himself and have a different judge rule on a Fed.R.Crim.P. 35 motion. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may exercise jurisdiction only over final orders, 28 U.S.C. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.
We dismiss the appeal as interlocutory. 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.