UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6918

LEON QUARLES,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; HENRY MCMASTER,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Terry L. Wooten, District Judge. (CA-03-3374-25BD)

Submitted: October 7, 2004 Decided: October 14, 2004

Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Leon Quarles, Appellant Pro Se. Samuel Creighton Waters, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Leon Quarles seeks to appeal the magistrate judge’s

report and recommendation on his petition for habeas corpus filed

pursuant to

(2000). This court may exercise

jurisdiction only over final orders,

(2000), and

certain interlocutory and collateral orders,

(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp.,

(1949). The report and recommendation of the

magistrate judge is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we deny a

certificate of appealability and 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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