UNITED STATES v. GALE (2019)

Brian Gale seeks to appeal the district court's order denying his 28 U.S.C. § 2255 (2012) motion for failure to comply with Rule 2(b)(5) of the Rules Governing § 2255 Proceedings and providing Gale 60 days in which to file a compliant motion. As a threshold matter, we “have an independent obligation to verify the existence of appellate jurisdiction, even in the absence of a jurisdictional challenge from one of the parties.” Williamson v. Stirling, 912 F.3d 154, 168 (4th Cir. 2018) (internal quotation marks omitted).

We may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). “In the ordinary course a final decision is one that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Ray Haluch Gravel Co. v. Cent. Pension Fund of Int'l Union of Operating Eng'rs & Participating Emp'rs, 571 U.S. 177, 134 S. Ct. 773, 779, 187 L.Ed.2d 669 (2014) (internal quotation marks omitted).

The order Gale 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.