United States of America v. Duane Letroy Berry

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6643
UNITED STATES OF AMERICA,
Petitioner - Appellee,
v.
DUANE LETROY BERRY,
Respondent - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Richard E. Myers, II, Chief District Judge. (5:20-hc-02085-M)
Submitted: August 24, 2023 Decided: August 29, 2023
Before QUATTLEBAUM and HEYTENS, Circuit Judges, and MOTZ, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Duane Letroy Berry, Appellant Pro Se. Genna Danelle Petre, Special Assistant United
States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Duane Letroy Berry seeks to appeal the district court’s scheduling order that also
denied as moot and denied his pro se motions issued in his pending civil commitment
proceeding. 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, 545-47 (1949). The order Berry
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 Berry’s motions to
return property, to forward the record, and for a temporary administrative stay and 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

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