Mosely v. Johnson

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 10, 2003
• Docket: 03-7132
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7132

EDWARD L. MOSELY,

Petitioner - Appellant,

versus

GENE M. JOHNSON, Director of the Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. James E. Bradberry, Magistrate Judge. (CA-02-563-2)

Submitted: September 25, 2003 Decided: October 10, 2003

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Edward L. Mosely, Appellant Pro Se. Richard Bain Smith, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Edward L. Mosely seeks to appeal the magistrate judge’s

recommendation to dismiss his petition filed 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

magistrate judge’s recommendation Mosely seeks to appeal is neither

a final order nor an appealable interlocutory or collateral order.

See Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir. 1999).

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