United States of America v. Kevin McDonald

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6442
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
KEVIN MCDONALD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:11-cv-00129-JRS)
Submitted: August 25, 2011 Decided: August 30, 2011
Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin McDonald, Appellant Pro Se. Stephen Wiley Miller,
Elizabeth Wu, Assistant United States Attorneys, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kevin McDonald seeks to appeal the district court’s
order conditionally filing his motion for return of property.
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, 545-46 (1949). The
order McDonald seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
dismiss the appeal for lack of jurisdiction. We deny McDonald’s
motions for a transcript at government expense and for an
evidentiary hearing. 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

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