Pipes v. McBride ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8094
JAMES FRANKLIN PIPES,
Petitioner - Appellant,
v.
THOMAS MCBRIDE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert E. Maxwell, Senior
District Judge. (2:05-cv-00058-REM-JSK)
Submitted: December 16, 2008 Decided: December 29, 2008
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Franklin Pipes, Appellant Pro Se. Dawn Ellen Warfield,
Deputy Attorney General, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Franklin Pipes appeals the district court’s
order adopting in part, vacating in part, and remanding for
further consideration the magistrate judge’s recommendation to
dismiss Pipes’ petition for a writ of habeas corpus brought
under 28 U.S.C. § 2254 (2000). 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 order Pipes seeks to
appeal is neither a final order nor an appealable interlocutory
or collateral order. 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
2