' Unpublished opinions are not binding precedent in this circuit.

Wesley Thomas Gallop, Jr., seeks to appeal the magistrate judge’s order denying his motion for appointment of counsel and the magistrate judge’s report recommending that Gallop’s 28 U.S.C. § 2254 (2012) petition be denied. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order denying Gallop’s motion for appointment of counsel and the magistrate judge’s report and recommendation are neither final orders nor appealable interlocutory or collateral orders. Accordingly, we deny Gallop’s motion for a certificate of appealability, 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 this court and argument would not aid the decisional process.

DISMISSED