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164 F. App'x 356

United States v. Smith

U.S. Courts of Appeals

Decided January 26, 2006

U.S. Courts of Appeals · decided 2006-01-26

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Cohen v. Beneficial Industrial Loan Corp.

Decided 2006-01-26

PER CURIAM:

¶1Willie James Smith seeks to appeal his motion pursuant to 28 U.S.C. § 2255 (2000). 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). As the district court has not yet issued any final order related to his § 2255 motion, we accordingly 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.

¶2DISMISSED

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