UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-2141

ANTHONY JAMES BRAXTON,

Plaintiff - Appellant,

versus

KANAWHA COUNTY COURTS,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (CA-04-697-2)

Submitted: December 9, 2004 Decided: December 14, 2004

Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony James Braxton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Anthony James Braxton seeks to appeal the magistrate

judge’s report and recommendation to deny relief on his civil

action. 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 leave to proceed in forma pauperis 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

- 2 -