United States of America v. Warren Rosslyn Newell

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7461
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WARREN ROSSLYN NEWELL,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:14-cr-00022-MR-DLH-1)
Submitted: January 15, 2015 Decided: January 21, 2015
Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Warren Rosslyn Newell, Appellant Pro Se. Thomas Richard Ascik,
Richard Lee Edwards, Amy Elizabeth Ray, Assistant United States
Attorneys, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Warren Rosslyn Newell appeals the district court’s
order denying without prejudice his motion to recover personal
property. See Fed. R. Crim. P. 41(g). This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291 (2012),
and certain interlocutory and collateral orders, 28 U.S.C.
§ 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949). The order Newell 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 dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED

-- 2 of 2 --