United States v. Alexander , 259 F. App'x 601 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6902
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TIMOTHY GOVERNOR ALEXANDER,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr., Chief
District Judge. (1:04-cr-00195-JAB; 1:05-cv-01088-JAB)
Submitted: December 20, 2007 Decided: December 27, 2007
Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Timothy Governor Alexander, Appellant Pro Se. Angela Hewlett
Miller, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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 (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 appealable
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
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