USCA4 Appeal: 22-7148 Doc: 15 Filed: 02/24/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-7148

FRANKIE LEE MCGEE, Petitioner - Appellant, v. WARDEN OF LIEBER CORRECTIONAL INSTITUTION, Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Richard Mark Gergel, District Judge. (5:21-cv-02777-RMG)

Submitted: February 21, 2023 Decided: February 24, 2023

Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Frankie Lee McGee, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-7148 Doc: 15 Filed: 02/24/2023 Pg: 2 of 2

PER CURIAM: Frankie Lee McGee seeks to appeal the magistrate judge’s report recommending that relief on McGee’s 28 U.S.C. § 2254 petition be denied. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The decision McGee 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 this court and argument would not aid the decisional process.

DISMISSED