Washington v. Clarke

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 24, 2011
• Docket: 11-6191
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6191

MILFORD T. WASHINGTON,

Petitioner – Appellant,

v.

HAROLD W. CLARKE, Director of the Virginia Department of Corrections,

Respondent – Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Tommy E. Miller, Magistrate Judge. (2:10-cv-00089-RBS-TEM)

Submitted: May 19, 2011 Decided: May 24, 2011

Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Milford Washington, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Milford T. Washington seeks to appeal the magistrate

judge’s report and recommendation to dismiss his 28 U.S.C.

§ 2254 (2006) petition. This court may exercise jurisdiction

only over final orders, see 28 U.S.C. § 1291 (2006), and certain

interlocutory and collateral orders, see 28 U.S.C. § 1292

(2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541, 545-46 (1949). Because the magistrate

judge’s report and recommendation is neither a final order nor

an appealable interlocutory or collateral order, 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