UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2074

CHARLES W. BIRKS,

Plaintiff - Appellant,

v.

KEITH F. PARK, Esquire; COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP; THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:07-cv-00742)

Submitted: December 29, 2008 Decided: January 20, 2009

Before NIEMEYER, MICHAEL, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles W. Birks, Appellant Pro Se. Kathy Dawn Patrick, GIBBS & BRUNS, LLP, Houston, Texas, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Charles W. Birks seeks to appeal the district court’s

order adopting the recommendation of the magistrate judge and

transferring Birks’s action to the United States District Court

for the Southern District of Texas, Houston Division. 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

Birks seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we grant

Appellees’ motion to dismiss the appeal for lack of jurisdiction

and deny as moot Birks’s motion for injunctive relief. 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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