United States of America v. Damien Nowell

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7126
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAMIEN NOWELL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:15-cr-00329-D-1; 5:19-cv-00411-D)
Submitted: January 26, 2021 Decided: February 9, 2021
Before KING, FLOYD, and RICHARDSON, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Damien Nowell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Damien Nowell seeks to appeal the district court’s order granting his motion to file
an amended 28 U.S.C. § 2255 motion and dismissing his original § 2255 motion. This
court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain
interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). “Ordinarily, a district court
order is not final until it has resolved all claims as to all parties.” Porter v. Zook, 803 F.3d
694, 696 (4th Cir. 2015) (internal quotation marks omitted).
Our review of the record reveals that the district court has not adjudicated all of the
claims that are properly before the court. Id. at 696-97. Specifically, the court has not yet
addressed the claim raised in Nowell’s amended § 2255 motion, which remains pending
before the court. We conclude that the order Nowell seeks to appeal is neither a final order
nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for
lack of jurisdiction and remand to the district court for consideration of the unresolved
claim. Id. at 699.
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 AND REMANDED

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