US v. Thomas Waters, No. 23-7175 (4th Cir. 2024)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-7175 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. THOMAS BRADFORD WATERS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Bruce H. Hendricks, District Judge. (4:15-cr-00158-BHH-1; 4:19-cv-00004-BHH) Submitted: March 28, 2024 Decided: April 2, 2024 Before KING and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Thomas Bradford Waters, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas Bradford Waters seeks to appeal the district court’s text order directing the Government to respond to two motions Waters filed in his 28 U.S.C. § 2255 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, 545-46 (1949). The text order that Waters 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 as moot Waters’ motions to appoint counsel and to amend his informal brief. 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

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