UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6480

JOHN WAYNE LUNSFORD,

Petitioner - Appellant,

versus

JOHN J. LAMANNA, Warden of FCI-Edgefield; UNITED STATES PAROLE COMMISSION,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Joseph F. Anderson, Jr., Chief District Judge. (9:06-cv-02395-JFA)

Submitted: September 26, 2007 Decided: October 4, 2007

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

John Wayne Lunsford, Appellant Pro Se. Barbara Murcier Bowens, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

John Wayne Lunsford seeks to challenge on appeal the

authority of a United States magistrate judge to conduct a motion

hearing. The underlying case in which the hearing was scheduled

remains pending in the district court.

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

proceeding Lunsford seeks to challenge reflects neither a final

order nor an appealable interlocutory or collateral order.

Accordingly, we deny Lunsford’s motion for appointment of counsel

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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