UNITED STATES of America, Plaintiff-Appellee, v. Raymond H. McDONALD, Defendant-Appellant, 25 F. App'x 205

PER CURIAM. Raymond H. McDonald appeals the district court’s order granting

summary judgment in part to the Government on his motion filed pursuant to 28 U.S.C.A. § 2255 (West Supp.2001). We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed.R.CivJP. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We therefore deny a certifícate of appealability and dismiss the appeal as interlocutory. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED.