Milford Washington v. Harold Clarke ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6209
MILFORD 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-00100-RBS-TEM)
Submitted: June 16, 2011 Decided: June 20, 2011
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Milford Washington, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Milford 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
2