United States v. Alexander

259 F. App'x 601

Opinion

PER CURIAM:

Timothy Governor Alexander seeks to appeal a magistrate judge’s order denying a post-judgment motion in his 28 U.S.C. § 2255 (2000) proceedings. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The magistrate judge’s order is neither a final order nor an appealable interlocutory or collateral order. United States v. Bryson, 981 F.2d 720, 723 (4th Cir.1992) (magistrate judge may hear matters in § 2255 proceedings, but may not decide them absent explicit consent). Thus, the magistrate judge’s order in this case is neither a final order nor an appeal-able interlocutory or collateral order; Alexander should have directed to the district court any objections to the order. 28 U.S.C. § 636(b) (2000). 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.