Keith S. Davis, a state prisoner, seeks to appeal from a magistrate judge’s report and recommendation to deny his petition for habeas corpus relief under 28 U.S.C. § 2254 (2000). We dismiss the appeal for lack of jurisdiction because the magistrate judge’s report is not appealable. 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 report here appealed is neither a final order nor an appealable interlocutory or collateral order. *

We 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