Shelton v. Angelone

54 F. App'x 579

Opinion

PER CURIAM.

George R. Shelton seeks to appeal the magistrate judge’s report and recommendation. This court may exercise jurisdic tion 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Shelton seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny a certificate of appealability and 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.

* Even if Shelton’s notice of appeal was construed as appealing the district court's November 6 order, dismissal would be appropriate. Shelton failed to file timely sufficient objections to the magistrate judge's report and recommendation and has therefore waived this Court’s review of the claims asserted in his § 2254 petition.