United States of America v. Beneficial Indus. Loan Corp., 337 U.S. 541 1949 . The

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7165
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FRANK W. BALLANCE, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:04-cr-00282-BO: 5:06-cv-00365-BO)
Submitted: October 18, 2007 Decided: October 26, 2007
Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frank W. Ballance, Jr., Appellant Pro Se. Stephen Aubrey West,
Dennis M. Duffy, Assistant United States Attorneys, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Frank Ballance seeks to appeal the district court’s order
granting in part and denying in part the Government’s motion to
dismiss Ballance’s 28 U.S.C. § 2255 (2000) motion. The Government
moved to dismiss Ballance’s appeal as interlocutory. 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 Ballance seeks to
appeal is neither a final order nor an appealable interlocutory or
collateral order. Accordingly, we grant the Government’s motion
and 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

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