UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7117

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

JAMES SCOTT, JR.,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:07-cr-00066-HEH-1; 3:08-cv-00539-HEH)

Submitted: November 10, 2009 Decided: November 23, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Scott, Jr., Appellant Pro Se. Stephen Wiley Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Scott, Jr., seeks to appeal the district court’s

order dismissing two of Scott’s

(West Supp.

2009) claims and referring the third to a magistrate judge for

further proceedings. This court may exercise jurisdiction only

over final orders,

(2006), and certain

interlocutory and collateral orders,

(2006);

Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,

(1949). The order Scott 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

2