Emory Mitchell seeks to appeal the district court’s April 8, 2004, order, denying his 28 U.S.C. § 2254 (2000) petition, because he failed to object to the magistrate judge’s report and recommendation. Because Mitchell informed the court that he did not receive the magistrate judge’s report and recommendation, the district court granted Mitchell’s Fed.R.Civ.P. 60(b) motion, vacated its April 8th order, and reissued the recommendation so that Mitchell could object. Thus, there has been no final order entered in the case. 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 order Mitchell seeks to appeal 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