U.S. Court of Appeals for the Fourth Circuit, 2003

Mosely v. Johnson

Mosely v. Johnson
U.S. Court of Appeals for the Fourth Circuit · Decided October 10, 2003 · Michael, Shedd, Wilkinson
77 F. App'x 672

Mosely v. Johnson

Opinion of the Court

PER CURIAM:

Edward L. Mosely seeks to appeal the magistrate judge’s recommendation to dismiss his petition filed under 28 U.S.C. § 2254 (2000). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders. 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The magistrate judge’s recommendation Mosely seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir. 1999). 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 the court and argument would not aid the decisional process.

DISMISSED.

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