Davis v. Johnson , 105 F. App'x 522 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6719
KEITH S. DAVIS,
Petitioner - Appellant,
versus
GENE M. JOHNSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CA-03-405-2)
Submitted: August 18, 2004 Decided: September 7, 2004
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Keith S. Davis, Appellant Pro Se. Steven Andrew Witmer, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Keith S. Davis, a state prisoner, seeks to appeal from a
magistrate judge’s report and recommendation to deny his petition
for habeas corpus relief under 28 U.S.C. § 2254 (2000). We dismiss
the appeal for lack of jurisdiction because the magistrate judge’s
report is not appealable. 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 report here appealed is neither a final order nor
an appealable interlocutory or collateral order.*
We dismiss the appeal as interlocutory. 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
*
Nor can we construe the notice of appeal as applicable to the
district court’s subsequent final order, as the notice does not
comply with the content requirements of Fed. R. App. P. 3(c), or
the time requirements of Fed. R. App. P. 4(a), as to that order.
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