Armistead v. Wadsworth

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 16, 2004
• Docket: 04-7371
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7371

JAMES G. ARMISTEAD,

Petitioner - Appellant,

versus

DERRICK WADSWORTH, Superintendent; HYDE CORRECTIONAL INSTITUTION,

Respondents - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-03-1178)

Submitted: December 9, 2004 Decided: December 16, 2004

Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James G. Armistead, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

James G. Armistead seeks to appeal the magistrate judge’s

report and recommendation to deny his petition for habeas corpus

relief under 28 U.S.C. § 2254 (2000). This court may exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and

certain interlocutory and collateral orders, 28 U.S.C. § 1292

(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541 (1949). The report and recommendation of the

magistrate judge 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 -