Pipes v. McBride

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 29, 2008
• Docket: 08-8094
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8094

JAMES FRANKLIN PIPES,

Petitioner - Appellant,

v.

THOMAS MCBRIDE, Warden,

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-00058-REM-JSK)

Submitted: December 16, 2008 Decided: December 29, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Franklin Pipes, Appellant Pro Se. Dawn Ellen Warfield, Deputy Attorney General, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Franklin Pipes appeals the district court’s

order adopting in part, vacating in part, and remanding for

further consideration the magistrate judge’s recommendation to

dismiss Pipes’ petition for a writ of habeas corpus brought

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 order Pipes 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 the court and argument would not aid the

decisional process.

DISMISSED