Murray v. Francis

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 6, 2007
• Docket: 07-6027
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6027

WILLIAM WISE MURRAY,

Petitioner - Appellant,

versus

WARDEN JOYCE FRANCIS,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:05-cv-00096-REM)

Submitted: May 31, 2007 Decided: June 6, 2007

Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Wise Murray, Appellant Pro Se. Alan Gordon McGonigal, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

William Wise Murray seeks to appeal the magistrate

judge’s recommendation to dismiss Murray’s petition filed under 28

U.S.C. § 2241 (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 Murray seeks to

appeal is neither a final order nor an appealable interlocutory or

collateral order. Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir.

1999) (holding that absent both designation by district court and

consent of parties under 28 U.S.C. § 636(c) (2000), magistrate

judge’s recommendation is not final appealable decision under

§ 1291). 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

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