Filed: Sep. 13, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7055 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TROY DEMETRIUS WRIGHT, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Margaret B. Seymour, Senior District Judge. (5:11-cr-00795-MBS-1; 5:14- cv-02672-MBS) Submitted: August 27, 2019 Decided: September 13, 2019 Before GREGORY, Chief Judge, and MOTZ and KEENAN, Circuit Judges. Dismissed and remanded
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7055 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TROY DEMETRIUS WRIGHT, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Margaret B. Seymour, Senior District Judge. (5:11-cr-00795-MBS-1; 5:14- cv-02672-MBS) Submitted: August 27, 2019 Decided: September 13, 2019 Before GREGORY, Chief Judge, and MOTZ and KEENAN, Circuit Judges. Dismissed and remanded ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7055
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TROY DEMETRIUS WRIGHT,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Orangeburg. Margaret B. Seymour, Senior District Judge. (5:11-cr-00795-MBS-1; 5:14-
cv-02672-MBS)
Submitted: August 27, 2019 Decided: September 13, 2019
Before GREGORY, Chief Judge, and MOTZ and KEENAN, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Troy Demetrius Wright, Appellant Pro Se. Robert Frank Daley, Jr., Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Troy Demetrius Wright seeks to appeal the district court’s order denying relief on
his 28 U.S.C. § 2255 (2012) motion. This court 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 (1949). “Ordinarily, a district court order is not final until it has resolved all claims
as to all parties.” Porter v. Zook,
803 F.3d 694, 696 (4th Cir. 2015) (internal quotation
marks omitted).
Our review of the record reveals that the district court did not adjudicate all of the
claims raised in Wright’s § 2255 motion.
Id. at 696-97. Specifically, the court failed to
address Wright’s claim that, under Johnson v. United States,
135 S. Ct. 2551 (2015), his
prior South Carolina third degree burglary convictions are no longer predicates under the
Armed Career Criminal Act, 18 U.S.C. § 924(e) (2012). Accordingly, the order Wright
seeks to appeal is neither a final order nor an appealable interlocutory or collateral order.
We therefore dismiss the appeal for lack of jurisdiction and remand to the district court for
consideration of the unresolved claim.
Porter, 803 F.3d at 699. 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 AND REMANDED
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