United States of America v. Agustin Gomez-Rojas

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6229
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AGUSTIN GOMEZ-ROJAS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:19-cr-00308-D-1; 5:22-cv-00365-D)
Submitted: November 21, 2023 Decided: November 28, 2023
Before WILKINSON and NIEMEYER, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Agustin Gomez-Rojas, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Agustin Gomez-Rojas seeks to appeal the district court’s order denying his motion
for transcripts in his ongoing 28 U.S.C. § 2255 proceedings. 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). The order Gomez-Rojas 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 --