UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7167

DEREK STANTON LA’MAR,

Petitioner - Appellant,

versus

GENE M. JOHNSON, Director of the Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. James E. Bradberry, Magistrate Judge. (CA-04-368-2)

Submitted: October 14, 2004 Decided: October 22, 2004

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Derek Stanton La’Mar, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Derek Stanton La’Mar seeks to appeal the magistrate

judge’s order denying his request for DNA evidence and his motion

for appointment of counsel. 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 order La’Mar 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 the court and

argument would not aid the decisional process.

DISMISSED

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