United States v. Duane Berry ( 2022 )

USCA4 Appeal: 22-6480 Doc: 11 Filed: 08/26/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6480
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. W. Earl Britt, Senior District Judge. (5:20-hc-02085-BR)
Submitted: August 23, 2022 Decided: August 26, 2022
Before GREGORY, Chief Judge, HEYTENS, Circuit Judge, and KEENAN, 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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6480 Doc: 11 Filed: 08/26/2022 Pg: 2 of 2
PER CURIAM:
Duane Letroy Berry seeks to appeal the district court’s order directing the parties in
the civil commitment proceeding pending against him to inform it whether they preferred
it to proceed with a hearing or stay that hearing pending resolution of his prior effort to
appeal. 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 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